People v. Gonzales

On each of two counts of an information defendant was convicted of the crime of burglary of the second degree, and on the fourth count of the same information defendant was found guilty, of a violation of the so-called Firearms Act (Stats. 1923, p. 695; Deering’s Gen. Laws, 1923 ed., Act 1970). He appeals from the judgment and from the order denying his motion for a new trial.

The first point made by appellant for reversal of the judgment is that the evidence was insufficient to support the verdict. The argument, however, deals with the credibility which appellant claims should have attached to the testimony of the several witnesses. Appellant’s counsel does not suggest that such testimony, if accepted as true by the jury, was not sufficient to justify the verdict. In such circumstances, the authorities are uniformly to the effect that the conclusion reached by the jury cannot be disturbed on appeal.

On the trial of the action evidence of certain admissions by defendant was presented to the jury, and it is contended by appellant that the proper foundation therefor was not laid prior to the introduction thereof. The record, however, shows that the witness testifying to sneh…