Belenger

Defendant appeals from his conviction of violation of section 459 (burglary) after trial by the court.

Questions Presented.

1. Sufficiency of evidence.

2. Court’s statement concerning distance.

Evidence.

The case involves the taking of certain personal property from the home of one Usher by Walter Burton, while defendant waited outside. Both Burton and defendant testified. The conflicts in their testimony are minor. On October 21, 1962, defendant, his wife and Burton shared a room at the Redwood Trail Motel in Felton, which defendant had rented under the name of J. Hicks. Defendant had known Burton for about four months. The three persons were traveling together in defendant’s car, registered in defendant’s wife’s name. That evening in defendant’s car Burton drove to the Harbor Inn, where Usher sat drinking at the bar. Burton and Usher were strangers to each other but a bar room acquaintanceship started up. Both men drank considerably. On Usher’s invitation to continue their conversation at his home, the two men left the inn between 11 and 12 p.m. Usher was “feeling good.” Burton drove defendant’s ear back to the motel. He entered the motel room to leave a dog which had…