MacIas

Appellant was charged with the crimes of burglary and robbery in an information filed by the district attorney of San Diego County. The information contained two counts. In the first count it was alleged that on or about September 10, 1957, the appellant did wilfully enter Nagem’s Market in San Diego with intent to commit theft, and in the second count it was alleged that appellant on said date did wilfully, unlawfully and feloniously, and by means of force and fear and against the will of Julia Nagem, take from her person and possession $30.29. A jury trial resulted in verdicts finding appellant guilty of burglary in the first degree and guilty of robbery in the second degree. Judgment was then pronounced and appellant was sentenced to imprisonment in the state prison for the terms prescribed by law and the sen tenees were ordered to run concurrently. He appeals from the judgment of conviction.

On September 10, 1957, appellant and Wanda Kirkpatrick drove to the home of appellant’s mother in a 1941 Chevrolet automobile. While appellant was in his mother’s house, Alonzo Ojeda and Joseph Delaney got in the car with Wanda and when appellant came out, he got in the driver’s seat and…