Descheneau

People v. Descheneau

Good Law
1921 Cal. App. LEXIS 594·51 Cal. App. 437·197 P. 126
Court of Appeal of CaliforniaFebruary 17, 1921Crim. No. 743.California879 words

Opinion

Lead Opinion

Shaw, J.

By information filed, the defendant was charged with the crime of burglary, in that he unlawfully entered a warehouse with the intent to commit larceny.

The trial resulted in. his conviction, as charged, after which, upon a denial of his motion for a new trial, he appealed from the judgment pronounced against him.

It appears from the evidence, in which there is little conflict, that defendant prepared a trunk arranged so that it could be unlocked and the lid opened from the inside, in which, at his room, he concealed himself, and, pursuant to an agreement made by his confederate, Earl Wilson, for the storage thereof in the vault of the Hollywood Pire Proof Storage Company, the trunk, with, defendant therein, was by Wilson transported to the warehouse of the storage company, where it was unloaded upon the receiving platform and received by the employees of the company, who placed it upon a truck and conveyed it to the door of the vault, where Mr. Leonard, the manager, assisted in putting it into the vault. Thereupon an officer who was present opened the trunk and, finding the defendant therein, took him into custody.

Section 459 of the Penal Code defines burglary as follows:…

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