Horace
People v. Horace
Opinion
Opinion
Bray, J.
Defendant appeals from a judgment of conviction after jury verdict, of burglary of the second degree.’
Defendant’s only claim of error is the alleged insufficiency of the evidence. The evidence was amply sufficient.
About 3 a.m., Officer Leahy, special patrolman of Daly City, as he passed the Peninsula T.V. store, noticed someone moving inside. He stopped his vehicle and then noticed a man walk from behind the store at the end of an alley. He immediately radioed for help, and proceeded down the alley, but lost the man, whom he was unable to recognize. He noted that the back door of the store had been pried open and a skylight was broken. It developed that one television set was missing from the store. Another television and a hi-fi set were found out of place in the rear of the building. Other officers arrived and began to search the area. Officer Wetmore went into the basement garage of a building behind the shop. He heard a noise and shouted for whoever it was to come out. He saw a man move from the front of the building and go through a garage door moving very quickly. Wetmore ran after him, and, on emerging from the garage, saw defendant trying to conceal himself against the…