California, United States of America
The following excerpt is from People v. Valdez, 203 Cal.App.2d 559, 21 Cal.Rptr. 764 (Cal. App. 1962):
The evidence adequately establishes that the defendant was guilty of burglary. However, he contends that there is no evidence to show that the burglary in question was burglary in the first degree. The plaintiff claims that the subject premises were inhabited and that the defendant's entry therein during the night time made the offense of which he was found guilty burglary in the first degree, citing Section 460 of the Penal Code in support of this position. The defendant argues that the evidence does not establish that the premises in question were inhabited and, therefore, entry thereof in the night time did not constitute burglary in the first degree. (People v. Clinton, 70 Cal.App. 262, 233 P. 78; People v. Higbee, 70 Cal.App. 788, 233 P. 79.)
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