Emmett
People v. Emmett
Opinion
Lead Opinion
Fricke, J.
Appellant was found guilty of burglary of the second degree and grand theft, the jury also finding that he had suffered three prior convictions of felony. The evidence conclusively established that during the night of the 13th and 14th of July, 1931, the barn of the Fox Hills Riding Academy was burglariously entered and saddles and bridles of the value of $300 or more stolen therefrom and that appellant sold several of the stolen saddles and bridles to second-hand dealers under various fictitious names. Appellant made confession of his guilt of the crimes charged to the owner of the riding academy in the office of the sheriff in the presence of a number of witnesses. Appellant was not represented at the trial by counsel who now appears for him.
Appellant assigns as error the alleged misconduct of the trial judge during the examination of a prospective juror. During her examination by the court a juror stated that she had been the victim of a burglary, but that this experience would not tend in any way to prejudice her and that she would be able to give the defendant the same fair trial as if she had not had such an experience. Appellant’s counsel challenged the juror for cause…