27 P.2d 396 | Cal. Ct. App. | 1933
THE COURT.
Appellant was found guilty by a jury of burglary in the first degree and of having suffered a prior conviction of felony, for which he was sentenced to imprisonment in the state prison. This appeal was taken from the judgment of conviction and the order denying his motion for new trial. The single point urged is that the evidence is legally insufficient to sustain a verdict of first degree burglary.
[1] Section
[2] The premises wherein the store was conducted were part of a larger building, the upper portion of which was occupied as a hotel, having an entrance on another street; and respondent contends, therefore, that the store itself was an "inhabited" building within the meaning of said code section. There is no merit in the point. The store and the hotel were wholly disconnected so far as communication was concerned, and there is no claim made that they were operated under the same management.
For the reasons stated, and under the authority of subdivision 6 of section