People v. Miller

Defendant was tried by jury on charges of burglary and grand theft. He was found guilty on both counts and the burglary was fixed at second degree. From the judgment sentencing him to concurrent terms in the state prison and from the order denying his motion for a new trial, he appeals.

Defendant makes only two contentions on this appeal: First, that the evidence is insufficient to support the verdict; and, second, that the court erred in admitting evidence of identification of photographs.

Sufficiency of Evidence

As to sufficiency of evidence, this court is required to “ ‘assume in favor of the verdict the existence of every fact which the jury could have reasonably deduced from the evidence, and then determine whether such facts are sufficient to support the verdict.’ If the circumstances reasonably justify the verdict of the jury, the opinion of the reviewing court that those circumstances might also reasonably be reconciled with the innocence of the defendant will not warrant interference with the determination of the jury.” (People v. Newland, 15 Cal.2d 678, 681 [1] [ 104 P.2d 778 ].) See also People v. Merkouris, 52 Cal.2d 672, 678 [1] [ 344 P.2d 1 ].

With this rule in…