Knoth
People v. Knoth
Opinion
lead Opinion
Marks, J.
By an information filed by the district attorney of Tulare County appellant was charged with the crime of burglary together with one prior conviction of a felony. He entered a plea of not guilty to the charge of burglary and a plea of guilty to the prior conviction. The jury returned a verdict of guilty of burglary in the second degree, and appellant prosecuted this" appeal.
An unoccupied house belonging to J. 0. Guill was located west of the town of Goshen in the county of Tulare. In it was a quantity of household furniture. E'. C. Featherstone was caretaker of the property and John V. Deniz was employed to pump water for the cattle on the place. All the doors and windows of the house were closed and the exterior doors boarded up on the evening of April 11, 1930. On that date Deniz was at the Guill house and had pumped the water for the cattle. After finishing his task, and as he crossed the road in front of the house on his way home, he noticed an automobile approaching, without its headlights illuminated. It was stopped by the gate to the Guill house. Two men alighted from it and proceeded to the rear of the house. He heard noises at the back door, then saw one of the men…