People v. Gilbert

The defendant was charged by an information filed in the superior court of Alameda County with a felony, to wit, an attempt to commit burglary, and was convicted. An appeal was taken from the judgment and from an order denying a motion for a new trial; and it is claimed that the evidence was insufficient to support the verdict.

The offense was alleged to have been committed at a dwelling-house in Berkeley, and the testimony shows that about 11 o’clock" P. M. on October 25, 1926, the occupants of the dwelling, whose bedroom in the second story opened upon a balcony, observed a person who climbed over the balcony and approached the doors which led therefrom into the bedroom. Upon the occupants becoming aroused the intruder dropped from the balcony to escape. The police were notified, and about thirty minutes after the occurrence the defendant was arrested in the vicinity and brought to the dwelling, where he was identified by one of the occupants as the person seen upon the balcony. It was a moonlight night, and the identification was based upon the size and build of the person observed, the color of his clothes, and the fact that a gray cap was worn, all of which corresponded with…