62 Cal. 2d 737
Decided May 21, 1965
California Supreme Court · decided 1965-05-21
Good law ✅— No negative treatment on recordhow we know
Decided 1965-05-21
Cited by 232 later decisions (3 by the Supreme Court) — most recently July 2023 · most notably Chapman v. State of California (1967), 70 Cal. 2d 522 - People v. Ireland (1969)
222 state decisions — followed in 10 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1I concur but reject the idea that a man may burglarize his own home. The gist of burglary is the violation of the owner’s right to exclusive possession. I don’t think that the Legislature by the omission of a phrase from the definition intended to change this long established common law rule.
¶2Retired Associate Justice of the Supreme Court sitting under assignment by the Chairman of the Judicial Council.