People v. Smith

The information herein charges the defendant with the crime of burglary and with three prior convictions of felonies. He entered a plea of not guilty but admitted the alleged prior convictions. The jury found him guilty of burglary of the second degree and the trial court denied his motion for a new trial. He has appealed from the judgment of conviction and the order denying a new trial.

Witnesses for the prosecution testified that the defendant was in possession of an automobile tire which had been stolen from the rear end of an automobile in a private garage. The defendant testified that he and another man stole' the tire, but claimed that the rear end of the automobile from which they took it was outside of the garage door. The only dispute in the evidence is as to whether the garage was entered to secure the tire. Two witnesses for the prosecution testified that the automobile was entirely within the garage, and if their testimony is true the defendant is guilty of the crime of burglary. .The defendant was arrested immediately after he took the tire and at the time of his arrest the stolen tire and other stolen articles of lesser value were found in his automobile. The…