California, United States of America
The following excerpt is from In re D.S., No. F057457 (Cal. App. 3/29/2010), No. F057457. (Cal. App. 2010):
In People v. Moody (1976) 59 Cal.App.3d 357, a babysitter awoke at 3:00 a.m. and heard a noise. She saw the defendant standing in the hallway with his arms outstretched. She gasped, and the defendant ran out the front door. When the police arrived, one officer hid in the bushes and saw the defendant come out of the yard of the house directly behind the house where the babysitter had seen him. When the officer told the defendant to freeze, the defendant ran; the officer chased and caught him. The defendant contended there was no substantial evidence of his intent to commit theft or a felony. (Id. at p. 362.) Noting that intent may be inferred from the circumstances of the case, including flight, the court disagreed: "Appellant entered the structure, to wit, a dwelling house, at night after all the doors had been locked and when discovered he had his arms outstretched toward the intended victim, a 15-year-old girl who was dressed only in a nightgown. When discovered he ran. Thereupon when confronted by a police officer appellant once again took flight. From the above facts, the jury could have concluded and there was substantial evidence to support a finding that appellant had either entered the house with an intent to commit theft or to commit rape." (Id. at p. 363.)
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