People v. Black

—This is an appeal from a judgment of conviction of burglary.

■ In an information filed in Los Angeles on August 4, 1966, defendant was charged with a eodefendant with burglarizing a building on July 13, 1966. It was further charged that at the time of the commission of the offense, the defendants were armed with a deadly weapon, namely á .38 caliber revolver. By stipulation the cause was submitted upon the testimony contained in the transcript of the preliminary hearing together with certain exhibits. Each of the defendants was found guilty as charged and the degree was- fixed as second degree. The defendants were found to be unarmed. Black was sentenced to the state prison. A timely notice of appeal w'as filed.

A résumé of some of the facts is as follows: Officers- Mills and Boost were on patrol duty at about 11:05 p.m. July 13, 1966, when they had occasion to go to an address on Lanker-shim Boulevard in North Hollywood. When they arrived' at the front of the store they saw that the plate glass window to the left of the front door was shattered and that a piece of lumber about 2"x4"x3 feet in length was lying among the broken glass.

Mills made his way through certain…