Harris
People v. Harris
Opinion
Lead Opinion
McFarland, J.
The defendant was convicted of burglary, the charge being that he feloniously, burglariously, etc., entered the house of one Lo Sam with intent to commit larceny. He appeals from the judgment and also from an order denying a new trial.
The only point made by appellant for a reversal is that the trial court erred in allowing the witnesses Auble and Hawley to testify as to certain statements made by the appellant—the contention being that there was no sufficient proof of the corpus delicti independently of said statements. But the witness Lo Sam had testified that he lived in a certain house; that he had certain articles of personal property in said house; that a part at least of said articles were in said house at 6 o’clock p. m. of the eighteenth day of December, 1895; that afterward, about 9 o’clock p. m. of the same day, the said witnesses Auble and Hawley, who were police officers, came to his, the witness Lo Sam’s, house, having the appellant with them, and also the said articles of personal property belonging to said Lo Sam. The *577 testimony of said witnesses Auble and Hawley, to which the objection was made, was substantially this: That between 8 and 9 o’clock p. m. of…