Slaughter

People v. Slaughter

Good Law
1962 Cal. App. LEXIS 1747·209 Cal. App. 2d 821·26 Cal. Rptr. 363
Court of Appeal of CaliforniaNovember 20, 1962Crim. No. 8354California685 words

Opinion

Lead Opinion

Herndon, J.

This appeal, prosecuted in propria persona, is taken from the judgment of conviction following a nonjury trial wherein appellant was charged with the crime of burglary in violation of section 459 of the Penal Code. It was found that appellant had suffered two prior felony convictions of burglary. Appellant’s arguments relate mainly to the sufficiency of the evidence. In so arguing, he asks us to reweigh the evidence and to substitute our appraisal for that of the trial court. This, of course, we cannot do. (People v. Kemp, 55 Cal.2d 458, 471 [ 11 Cal.Rptr. 361 , 359 P.2d 913 ].)

One Lodean Johnson testified that on November 12, 1961, she left her apartment to go to the store. She closed her door but did not lock it. She met appellant in front of the building, and he asked her to permit him to go up to her apartment; she refused.' When she returned to the apartment, she discovered that her television set was missing. She immediately called the police and was present when the set was found in another apartment. She was able to identify it by its color and a chipped corner. She did not give appellant, or anyone else, permission to enter her apartment or to take her television…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.