Atkins

Defendant was charged by information with one count of burglary. (Pen. Code, § 459.) She pleaded not guilty. Jury trial was waived. Defendant stipulated that the court might consider the transcript of the preliminary hearing plus such additional evidence as the parties chose to present. Defendant was found guilty of second degree burglary. Probation was denied. Defendant was sentenced to the county jail for six months. She appeals from the judgment.

At approximately 6:20 a.m., April 11, 1969, Officer Trout of the Long Beach Police Department was dispatched to Pier E to investigate a telephone complaint from a Mrs. Atkins that she had been molested and had had her car stolen. The car was described as a red Ford, license NT B 378. En route to Pier E, Trout saw the Ford parked under a bridge. The car was empty, but its lights were on. Trout saw a television set on the rear floorboard of the car. The set was partially covered by a jacket but Trout could see the words “Monterey Motel No. 1” on the top and “Monterey Motel” on the side of the set. Trout left his partner at the car and proceeded to Pier E. There he was told by the parking attendant that the woman who had called…