Can a defendant appeal from the judgment of a nonjury trial that resulted in their convictions of the crime of burglary?

California, United States of America


The following excerpt is from People v. Gardiner, 254 Cal.App.2d 160, 61 Cal.Rptr. 891 (Cal. App. 1967):

Defendants appeal from the judgments entered following a nonjury trial that resulted in their convictions of the crime of burglary. Appellants' guilt being unquestioned, the sole question presented for our consideration is: Was the information possessed by the police at the time of appellants' arrest such 'as would lead a man of ordinary care and prudence to believe and conscientiously entertain an honest and strong suspicion that the (appellants [254 Cal.App.2d 161] were) guilty of a crime'? (People v. Ingle, 53 Cal.2d 407, 412, 2 Cal.Rptr. 14, 17, 348 P.2d 577, 580.) The record clearly dictates our affirmative answer to this question.

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