Zentgraf

Defendant was convicted of burglary in the first degree and the appeal is from the judgment and order denying his motion for a new trial. That defendant at night entered the store of Heusner Brothers, at Shingle Springs, El Dorado County, and took therefrom a large quantity of personal property is not disputed. He was apprehended therein about midnight with some of the property in his hands, many articles of various kinds having been loaded into his machine, which he had driven and left near the store. Thereupon, defendant admitted that he had unlocked the door and gone inside; he stated why he had stolen the property, implying that his motive was that of revenge, and he promised his captors a large sum of money if they would release and not prosecute him. The facts as thus detailed by the witnesses for the people are not controverted, but the defense of insanity was interposed by appellant, and it was upon that ground an acquittal was sought. There is some support for that theory, the principal element thereof consisting of the testimony of two physician experts based upon hypothetical questions. No doubt the jury might legally have concluded from the showing made that defendant…