People v. Barry

Citations

• 94 Cal. 481
• 29 P. 1026
• 1892 Cal. LEXIS 711

Syllabus

<p>Criminal Law — Burglary — Entry with Criminal Intent. — Under section 459 of the Penal Code, providing that every one who enters any house, room, or store, with intent to commit grand or petit larceny, or any felony, is guilty of burglary, the offense is perfect and complete when the entry is made with such intent.</p> <p>Id. •— Common-law Burglary — Statutory Obrense. — Common-law burglary and the statutory burglary of this state have but few elements in common, and the plain language of the statute must control as to the acts which constitute that crime in this state.</p> <p>Id.—.Entry into Store with Intent to Steal — Public Entranos.— One who enters a store with the intention of committing larceny is guilty, of burglary, although the entry was made through the public entrance during business hours. Such person is not one of the public invited, and has no right to enter.</p> <p>Id__.Stealing in Building — Evidence ob Burglary—Prima Facie Case. — The fact that a person attempts to steal while in a building, or that he is apprehended while in the act of stealing therein, without other circumstances proved, does not of itself establish a prima facie case of burglary.</p>