Is possession of property stolen sufficient to sustain a conviction of burglary?

California, United States of America


The following excerpt is from Polos v. Superior Court In and For City and County of San Francisco, 175 Cal.App.2d 210, 345 P.2d 981 (Cal. App. 1959):

Respondent relies upon the case of People v. Citrino, 46 Cal.2d 284, 294 P.2d 32, for the proposition that possession of property stolen in a burglary accompanied by corroborating evidence of acts, conduct, or declarations of the accused tending to show his guilt is sufficient to sustain a conviction of burglary. This is undoubtedly a correct statement of the law but in the Citrino case it was definitely established that the defendant had the stolen property in his possession. Such is not the fact in the instant case.

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