McClain

People v. McClain

Good Law
115 Cal. App. 512·1931 Cal. App. LEXIS 580·1 P.2d 1023
Court of Appeal of CaliforniaJuly 17, 1931Docket No. 2074.California1,134 words

Opinion

Lead Opinion

Houser, J.

Defendant appeals to this court from a judgment of conviction of each of the crimes of burglary and receiving stolen property, as well as from an order by which his motion for a new trial was denied.

As to the charge of burglary, it is not contended that the corpus delicti was not established; but appellant urges that the evidence was “insufficient to sustain the verdict” that he was guilty of having committed the offense.

Aside from such testimony as appeared to favor the innocence of defendant, the incriminatory evidence against him included the facts that within a few days after the burglary was committed a part of the stolen goods was found in an automobile which was his property, and that on two or three occasions, when requested by police officers to explain such possession, defendant refused to do so. However, on one occasion defendant stated to an officer, “I know that stuff is hot. and I’ll admit I took a little of it, but the rest of it is all a pack of lies.” Later, when asked by an officer whether a certain named individual had accompanied him at the time the burglary was committed, defendant replied, “No—that he always worked alone.” Furthermore, the evidence shows…

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