King

Patrick King and Jack Scott were jointly charged with armed robbery and armed burglary. The robbery charge was later dismissed. After a lengthy second jury trial, the first jury having disagreed, both defendants were found guilty of first degree burglary. Both appeal. Both defendants were represented by counsel at the trial, but both appealed in propria persona. Defendant King subsequently secured the services of an attorney, but defendant Scott presents his own appeal.

The charges involved grow out of the burglarizing of an Andrew Williams Store in San Mateo, on the evening of September 24, 1950. Several months later the two defendants were separately arrested, King in San Francisco, and Scott in Los Angeles, brought to San Mateo County and charged with the offense, and, on their second trial, convicted.

Both appeal. They both strenuously attack the sufficiency of the evidence of identification, and jointly and severally attack the judgment on various other grounds. We are convinced that the evidence is sufficient to support the judgment, and that, although some errors occurred during the trial, such errors were minor in character and did not result in a miscarriage of justice.…