233 P. 78 | Cal. Ct. App. | 1924
Defendants were jointly informed against for the crime of burglary. They were jointly tried and convicted of burglary of the first degree. Appeal is taken from the judgment of conviction.
The information charged that the defendants "willfully and unlawfully did enter the store and room of Forsythe Simpson in Burlingame, California, with the felonious intent then and there to commit the crime of larceny, all of which was then and there done by said defendants in the night-time, contrary," etc.
The main point of the defendants is that the judgment and verdict are void because defendants were charged with burglary of the second degree and were found guilty of burglary of the first degree. We do not agree with this contention. Burglary is defined in sections
Knight, J., and Tyler, P.J., concurred. *265