Arthur

People v. Arthur

Good Law
1892 Cal. LEXIS 596·93 Cal. 536·29 P. 126
Supreme Court of CaliforniaMarch 7, 1892No. 20894California485 words

Opinion

Lead Opinion

McFarland, J.

The defendants were convicted of burglary in the first degree, and appeal from the judgment, and an order denying a new trial. There are a great many points formally made in the bill of exceptions, and merely alluded to in appellants’ brief, which it would serve no valuable purpose to notice in detail. We see no material error of law committed by the trial court; and the real question in the case is, whether this court should grant a new trial because the evidence is insufficient to sustain the verdict.

There was evidence showing, or tending to show, among other things, that early on the morning after the burglary, footsteps were traced from the barber-shop burglarized to a vacant building near by, in which the defendants were found apparently asleep; that goods taken from the barber-shop were found concealed under *537 sawdust in said building, within a few feet of the place where defendants were sleeping; that other goods taken from a store adjoining the barber-shop, which store had also been burglarized on the same occasion, were found concealed near the entrance of said vacant building, beneath some old pipe and barrels; that some chisels were found concealed in said…

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