California Court of Appeal May 29, 1967, Crim. 10924 (People v. Bright)

FILES, P. J.

A jury convicted defendant of a charge of burglary in the second degree (a violation of Pen. Code, § 459) in that he did on October 14, 1963, enter a building occupied by Robert J. Lee with intent to commit theft. Defendant is appealing from the judgment.

The prosecution’s evidence includes the following: On the morning of October 14 Robert J.