Amador

Found guilty of second degree burglary by the court sitting without a jury, defendant was sentenced to state prison and appeals.

The residence of Mr. and Mrs. Koyama was burglarized some time between 11:40 a.m. on January 9, 1969, and 2 a.m. the next day. The front door was left open. A television set and a piggy bank had been taken. A window had apparently ,been forced as a means of entry. The piggy bank had been next to a Japanese doll case on top of the television set. A latent palm print identified as defendant’s was found on the Japanese doll case on January 10. Defendant testified in his own behalf: On January 9, he was in the vicinity of 326 Neptune Avenue, the address of the victims, looking for a girl friend who he had been told, lived somewhere in the 300 block. The door to 326 Neptune was open. He walked up to it and called out his girl friend’s name. When he received no answer he entered the house. He thought it was the home of a person named Ernie. Taking anything from inside the house was the last thing he had in mind. Inside the house he picked up a box-like object which had been on the floor and sat it down again. After two or three minutes he left, not…