Wilkinson

People v. Wilkinson

Good Law
248 Cal. App. 2d 906
Appellate Division, Superior Court of CaliforniaJanuary 5, 1967Crim. No. 685California1,769 words

Opinion

Lead Opinion

Brazil, J.

The transcript in this appeal discloses very little, if any, conflict in the evidence. Summarizing that evidence in the light most favorable to the respondent, as we of course must do, we find the following circumstances to be the basis of each verdict and resulting judgment of conviction of each of the four appellants.

About 9:30 a.m. on April 5th, the four appellants were arrested by two deputy sheriffs on property belonging to Cortland Hill. They were charged by complaint, signed by one of the deputies later that day, with a violation of Penal Code section 602, subdivision (l); it being alleged that each of them “did wilfully and unlawfully enter and occupy real property without the consent of the owner, his agent, or person in lawful possession thereof”.

The appellants had come north on Highway 1, from the Big Sur area, arriving near Mr. Hill’s property about 10 p.m. on the 4th. They parked their car, evidently on the right of way right next to a wire fence. Using a crouched position, they proceeded through the fence which separates Highway 1 from Mr. Hill’s Little Sur Ranch. No damage was done to the fence. They walked (an obvious inference) down toward the *908 beach on…

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