Carter

The defendant has appealed from a judgment entered upon a jury verdict convicting him of violating Penal Code section 459 (burglary, first degree). The jury deliberated 25 minutes.

The evidence at the trial revealed that brothers Arnold and Earl Oyan occupied an apartment in Blythe, California. They retired about 12:30 a.m. December 31, 1961, and on awakening early in the morning the back door of the apartment was open, Arnold’s wallet, a watch, a Zippo cigarette lighter and an unopened pint of Christian Brothers brandy were gone. Earl lost $52 in cash, two sets of car keys and a driver’s license case. The police investigated, and noticed among other things some unusual long pointed shoe prints. Knowing the defendant had some unusual pointed shoes, the police searched for and found defendant, who had in his hand the watch belonging to Arnold. Further investigation disclosed the Zippo lighter in defendant’s front pocket. An unopened pint of Christian Brothers brandy was found, several dollars were located on defendant’s person, and his shoes matched the prints which the officer had observed and photographed.

Defendant testified that he had purchased the lighter, watch and liquor…