People v. Jackson

Robert Lee Jackson and Earl Tate were charged by information with attempted burglary, in violation of sections 459 and 664, Penal Code (Count I); and with grand theft (auto) in violation of Penal Code section 487, subdivision 3 (Count II); and with a violation of section 10851 Vehicle Code (Count III). Jackson was also charged with two prior felony convictions, each for violation of section 503 (now 10851) Vehicle Code; Tate was charged with a prior felony conviction of the crime of robbery. Counts II and III were dismissed by motion under Penal Code section 995. Each pled “Not Guilty” to Count I. Jury was waived and the case was submitted on testimony contained in the transcript of the preliminary hearing. Jackson was found “Guilty” as charged in Count I; the priors were found true, probation was denied, and he was sentenced to state prison for the term prescribed by law. Jackson appeals from the judgment of conviction.

Statement of Facts

Howard A. Grohe had an appliance business at 584 East Fifth, Pomona. He closed and locked the store on the evening of August 27, 1964; when he returned the following morning one door had been drilled and jimmied; there was a hole 4 to 5 inches…