Harrison

Appellant was indicted by the grand jury of Napa County and charged with two counts of burglary, one alleged to have been committed on January 3, 1954, and the other on January 28, 1954. The jury found him guilty on both counts and his motion for a new trial was denied. This appeal is from the judgment entered on the verdicts and from the order denying a motion for a new trial.

Appellant urges a number of grounds for a reversal of the judgment and order. His first contention is that the evidence is insufficient as a matter of law to support the conviction upon either count. Before discussing this contention we shall give a brief summary of the evidence, bearing in mind the familiar rule that upon an appeal in a criminal case the appellate court must assume in favor of the verdict the existence of every fact which the jury could have reasonably deduced from the evidence and then determine whether the guilt of the defendant is dedueible therefrom. (People v. Newland, 15 Cal.2d 678 [ 104 P.2d 778 ].)

At approximately 1:50 a. m. on January 3,1954, Napa City Police Officer Jesse Crowell heard the ringing of a burglar alarm at the Meyers Jewelry Store in the city of Napa, and…