People v. Murphy

Appellant was convicted upon both counts of an information charging him with two separate burglaries, and appeals from the judgment ■ of conviction and from the order denying his motion for a new trial.

His main contention is that the evidence is insufficient to justify the verdict.

As to the first count of the information, the undisputed facts are that on the fourth day of July, 1927, one J. A. Grenier was the owner of a garage in the city of Merced; that on that day he was alone in his garage; that he absented himself therefrom for about fifteen minutes and that upon his return he discovered that a number of his tools were missing; that on the seventh day of July, 1927, appellant appeared at the place of business of Darwin E. East, in Merced, who was a dealer in used ears, and offered to sell and did sell to said East a portion of the tools that were stolen from Grenier’s garage.

As to the second count of the information, the undisputed facts are that- I. D. Harris owned a garage in said city of Merced in September, 1927; that between the 10th and 11th of September, 1927, someone forced an entrance into his garage and took away a number of tools belonging to him. Shortly…