Jones

Defendant appeals from the judgment finding him guilty of second degree burglary and of two prior convictions of felony in a nonjury trial.

Facts

A building maintenance man, upon entering Beebe’s Drugstore in the City of Escondido at 4:30 a.m. on Monday, February 22, 1965, observed a hole in the ceiling with a metal object protruding downward through the hole; heard someone walking overhead; locked the building, leaving on the lights; and telephoned the police from a telephone in front of the building.

The police responded to the call within three or four minutes. Upon their arrival, the maintenance man reentered the drugstore and saw that the metal object no longer was protruding through the hole in the ceiling. The police found a stepladder placed up against the rear of a building a few doors away from the drugstore on the roof of which they discovered a broken-off vent which provided a hole into the attic of the drugstore.

Defendant was found in the attic, wearing a glove on one hand and with another glove and flashlight in his hand. After defendant had been removed with assistance from the attic, the floor of which was seven feet lower than the roof of the building, there…