Manfredo

In an information filed by the District Attorney of Los Angeles County, defendant and codefendant Arthur Lombardo (not appealing), were charged with violation of section 459, Penal Code, burglary. The information was amended and charged defendant Manfredo with a prior conviction of a felony in the superior court of Providence, Rhode Island, on September 23, 1941, for which he served a term of imprisonment in the state prison. Defendant pleaded not guilty and denied the prior conviction. Trial was by jury. The jury returned a verdict of guilty in the second degree and found the prior conviction of the felony as alleged to be true. Motion for a new trial was denied. Probation was denied and defendant was sentenced to state prison for the term prescribed by law. This is an appeal from the judgment of conviction and order denying defendant’s motion for a new trial.

The evidence reveals there was a burglary of the Golden Bull Restaurant in Los Angeles County. Pay Beth Rogers testified she was a waitress at the restaurant and, at approximately 1 a. m., May 1, 1961, Lombardo and defendant came into the bar, listened for awhile and then walked into the banquet room which was closed. She…