People v. Washington

Appellants Washington and Wilson, together with their codefendant Davenport, were tried by a jury and convicted of burglary (Pen. Code, § 459). These appeals are from the judgments.

At 1:15 a.m. on February 18, 1966, police officers saw Davenport and Wilson outside the entrance of a clothing store pulling something through the broken glass of the door. The men fled as the police approached, but were quickly apprehended.

At the curb was an automobile, with the motor running. Inside its open trunk were 20 men’s suits. This vehicle was registered in the name of appellant Wilson’s brother.

The officers saw another figure inside the store when they first approached. After a search they found appellant Washington inside the building hiding in a cardboard box covered with green canvas garment bags.

At the trial neither Wilson nor Davenport testified. Wash *114 ington testified that he was very drunk, and couldn’t remember anything that had happened that night.

It was a question of fact for the jury to determine whether Washington had the intent which is an element of the crime of burglary. The jury was instructed, in conformity with Penal Code, section 26, that it might take into…