Opinion
Appeal from the Court of Sessions of San Diego.
Indictment for burglary, in entering in the night time a certain warehouse, and stealing various goods and chattels. The indictment was in the usual form. The jury being instructed, as is stated in the opinion of the Court, found defendant guilty as charged. He appeals.
Judgment reversed and cause remanded.
COUNSEL
Robinson, Beatty & Heacock, for Appellant.
Thomas H. Williams, Attorney-General, for Respondent.
JUDGES: Baldwin, J. delivered the opinion of the Court. Cope, J. concurring.
OPINION
BALDWIN, Judge
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.