People v. Young

Citations

• 65 Cal. 225
• 3 P. 813
• 1884 Cal. LEXIS 494

Syllabus

<p>Ceeuinal Law—Burglars—Instructions.—Where an Information charges a burglary in that the defendant entered the building with intent to com? mit larceny, it is not error to refuse to charge the jury that the defendant could not be convicted unless he entered with intent to commit “some felony.”</p> <p>Id.—One who enters a room of a house with burglarious intent, enters the house-with such intent; and where the room was known as a ticket office, it is properly described as “a building, to wit, the ticket office.”</p> <p>Id.—It is not error to define burglary as laid down in section 469 of the Penal Code.</p> <p>Id.—Construction of Boom—Partition.—Where the court charged the jury that to constitute a room the partition between it and the rest of the house need not extend to the ceiling or roof of the house, but that a partition eight or nine feet high from the floor would be a sufficient partition, such instruction is not charging a fact, but merely stating that a room maybe constructed without a partition reaching to the ceiling.</p> <p>Id. —It is proper to instruct the jury, on the trial of a charge of burglary, that the case must be decided by reference to the evidence bearing upon the issues, and that it is of no consequence whether defendant is married or single.</p>