People v. Mitchell

This is an appeal from a conviction of burglary in the second degree. The scene of the crime was Suzie’s Dress Shop in Sacramento. The store was locked on the night of May 4, 1964, and was entered during the night. When one of the owners arrived at the store the next morning, she described the scene as follows: “. . . there was a lot of our merchandise which was strewn around on the sidewalk in front of the store and to the rear of the store. Underpants were draped on the door, there was a dress or two parts of one dress was out in front, and the entire store on the inside was just completely disarray. There were—there was lingerie, dresses, swimsuits, just one end to the other. It was just absolutely havoc.” It appeared that the back window had been broken to effect entry. It had been installed so as to swing inward, leaving an opening through which a person could enter and appellant’s fingerprints were found on the inside of the glass. A mannequin, which had been in the front window of the store, had been thrown down and torn apart and the dress which had been on it was missing. (This is the only article shown to have been taken.) Several pairs of panties were found with the…