Coffman

Defendant was convicted by a jury of three separate counts of second degree burglary. The first involved burglary of the 99 Club, a bar in Chico, in the early morning hours of June 9, 1968. The other two counts arose from burglaries of the Lee dwelling and the Shrader dwelling. He appeals from the judgment.

Initially, defendant charges lack of substantial evidence that he burglarized the 99 Club. On opening the bar the morning of June 9, the owner found that it had been burglarized. The following items were missing: 10 to 12 cellophane-wrapped sandwiches: 4 to 6 six-packs of Olympia beer; 1 unopened box of cigars, and 3 partially filled boxes of cigars; coins from a coin-operated shuffieboard game and from a cigarette machine.

Two witnesses had been parked in an automobile near the 99 Club in the early morning hours of June 9. They saw a man walk away from the bar carrying a carton of the kind in which beer is delivered. He placed the carton in a light-colored station wagon parked nearby, then returned to the bar and came back with a second carton with smaller packages in it. Both witnesses described the man as about 40 years of age, rather bald and heavyset, and-…