People v. Kennedy

The defendant was indicted for burglary committed by entering a barn owned and occupied by one J. M. Blankenship, in the County of San Joaquin, with intent to commit larceny. The trial resulted in a conviction. The defendant moved for a new trial, which was denied. This appeal is prosecuted from the judgment of the Court, and the order denying a new trial.

It was admitted by the defendant that he entered the barn *202 above referred to, to sleep ; that when he got up in the morning, he saw the harness there, and stole it. All the evidence tended to show that he slept there during the night in question. The case turned on the intent with which the defendant entered the barn—whether or not he entered with intent to steal.

The Court distinctly told the jury that in order to find the defendant guilty, they must find that he entered the barn with intent to steal. The Court further instructed the jury that they must, in determining this question, take into consideration all the evidence before them. As this intent had to be deduced from circumstances, the jury were directed as to the mode in' which they were to consider circumstantial evidence, and as to the rules they must apply to…