Morris

People v. Morris

Good Law
124 Cal. App. 402·1932 Cal. App. LEXIS 767·12 P.2d 679
Court of Appeal of CaliforniaJune 21, 1932Docket No. 2203.California863 words

Opinion

Lead Opinion

Fricke, J.

Appellant and one Edmund Buisseret were found guilty of second degree burglary. The sole point on this appeal is that the evidence is insufficient in law to sustain the conviction of appellant.

It is conceded by appellant that on July 8, 1931, between 12:30 ánd 3:30 P. M., the residence of one Mrs. C. V. Holmburg was burglariously entered and that among other things an Illinois watch was stolen, being later, at about 4:30 P. M., pawned by a man who signed the pawnbroker’s ticket with the name “Bob Morrow”. Appellant was not identified by any witness as being at the scene of the burglary, though his co-defendant was so identified. The contention of appellant is that there is not sufficient evidence to connect him with the crime.

The appellant testified to the effect that he did not pawn the watch and did not sign the name “Bob Morrow” to the pawn ticket; that he had an apartment with one Harold Hanson, who had since gone back to Ohio or Illinois and who, before leaving, had told appellant that he had pawned a watch and where he had pawned it; that he, appellant, had described this watch in a conversation at which one Fred Brooker was present, and later went to the pawnshop with…

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