Can a jury reasonably infer that a defendant was present at the scene of a burglary?

California, United States of America


The following excerpt is from People v. Macclain, E054611 (Cal. App. 2012):

In People v. Snyder (2003) 112 Cal.App.4th 1200, 1222, the court held that the jury could reasonably infer the defendant had been present at the scene of a home invasion burglary, robbery, and murder because shoeprints found at the scene matched

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the size, pattern, and type of shoes the defendant was wearing immediately after the crime was committed.

In People v. Perryman (1967) 250 Cal.App.2d 813, the defendant was seen driving in a car with the perpetrators about 20 minutes before a burglary, and he was later seen driving around the building where the burglary occurred, indicating an attempt to remain in the vicinity. Although he did not enter the building, the court concluded that substantial evidence supported an inference that he had aided and abetted the burglary. (Id. at p. 820.)

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