Klempke

People v. Klempke

Good Law
19 Cal. App. 672·1912 Cal. App. LEXIS 174·127 P. 653
Court of Appeal of CaliforniaSeptember 17, 1912Crim. No. 252.California721 words

Opinion

Lead Opinion

Allen, J.

Appellant was convicted of burglary in the second degree. Prom the judgment pronounced he appeals. There can be no serious question as to the sufficiency of the evidence to sustain the verdict. Positive testimony appears in the record to the effect that defendant was seen emerging, from a car used as a habitation by certain employees of' a railroad company; .that entrance - thereto had been effected through force; that defendant after leaving said car had in his possession property belonging to the men living therein.’ His arrest immediately followed while he still retained possession of the property.

Appellant seeks a reversal of the judgment on account of certain rulings of the trial court which he claims were erroneous and prejudicial. The defendant was shown to be a native of Russia and to have been in this country^ only eighteen months. Evidence was admitted tending to show that defendant, through the use of the English language, made certain incriminatory statements with reference to the property in his possession shortly after his arrest. A witness, shown to have had but a limited acquaintance and means of observation with reference thereto, was asked if defendant could…

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