Massie

In an amended information the defendant was accused of burglary in that he willfully entered a vehicle, to wit, a semitrailer used in conjunction with a motor vehicle, to wit, a motor truck and semitrailer combination, the property of John M. Collier, the doors of said vehicle being locked, and with the intent then and there to commit theft.

In a jury trial, defendant was found guilty of burglary in the first degree. Probation was denied, and he was sentenced to imprisonment in the state prison. He appeals from the judgment.

The judgment was affirmed by this court. (People v. Massie (Cal.App.) 44 Cal.Rptr. 297 .) The Dorado-case rule was not raised by appellant prior to the time that opinion was filed. The Supreme Court granted a hearing and retransferred the case to the court for further consideration in the light of People v. Stewart, 62 Cal.2d 571 [ 43 Cal.Rptr. 201 , 400 P.2d 97 ]; People v. North, 233 Cal.App.2d 884 [ 44 Cal.Rptr. 123 ] ; and People v. Andrews, 234 Cal.App.2d 69 [ 44 Cal.Rptr. 94 ], (These cases pertain to the Dorado-case rule.)

Appellant contends (as shown by his briefs on the original hearing) that the court did not instruct the jury properly; that the…