People v. Jenkins
16 Cal. 431
Cal.1860Check TreatmentCope, J. concurring.
The judgment in this case must be reversed for error in the instruction, which was that, if the jury believed that the defendant entered the warehouse of Caperon & Stevens in the night time, and took therefrom sundry goods and chattels, he was guilty of the crime of burglary. The charge ignores the felonious intent of the entry, and the character of it.
Judgment reversed and cause remanded.