People v. Black

Defendants were charged with the crime of “burglary with explosives” under an information of three counts. The designated crime is thus defined and denounced: “Any person who, with intent to commit crime, breaks and enters, either by day or by night, any building, whether inhabited or not, and opens or attempts to open any vault, saie or other secure place by use of nitroglycerine, dynamite, gunpowder or any other explosive, shall be deemed guilty of burglary with explosives” (Pen. Code, see. 464). The first count of the information charges an entry into a store, building, or room of one Solomon, the second count related to an entry into property of a similar character of one Tarter, and the third count charged the offense by way of entry into like premises of one Fares. These several charges will hereafter be referred to, respectively, as the Solomon count, the Tarter count, and the Fares count. Defendants were found guilty as charged under the Solomon and Tarter counts. Upon' the Fares count the verdict as to each of the defendants reads that the jury finds him “guilty of burglary, a felony, a lesser offense contained within the charge of burglary with explosives as charged in…