Sanderson

People v. Sanderson

Caution
129 Cal. App. 531·1933 Cal. App. LEXIS 1129·18 P.2d 982
Court of Appeal of CaliforniaFebruary 9, 1933Docket No. 2312.California627 words

Opinion

Lead Opinion

Archbald, J.

Defendant was charged in an information filed against him with the crime of burglary and with having theretofore been convicted of two separate felonies. Prom the judgment of conviction entered on the verdict of guilty returned by the jury, as well as from an order denying his motion for a new trial, he has prosecuted this appeal.

Appellant urges (1) that the evidence is insufficient to sustain the verdict and judgment, and (2) that the court erred in admitting certain evidence over his objection, the producing of which evidence is also urged as misconduct on the part of the district attorney.

(1) There is ample evidence to support the verdict and judgment, but appellant contends that the prosecution’s witnesses were impeached by contradictory statements which make their evidence insufficient as a matter of law. With such contention we cannot agree. The stories told by those witnesses dovetail with the physical facts related, which place the stolen property in the possession of appellant and tie him up so clearly as being the one who broke into the building at the time of the burglary that the truth of the stories is vividly impressed upon the reader of the transcript herein, in…

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