Robinson

This is an appeal from a judgment of conviction of the crime of burglary, a violation of section 459 of the Penal Code.

I

There can be no question as to the proof of defendant’s guilt. The police officer testified, without contradiction, that he saw defendant at 4 a.m., in front of a store which had been broken into, with his arms full of merchandise, that he chased and caught him, still in possession of the stolen goods. Both the corpus delicti and defendant’s participation are clear.

II

The major issue raised by defendant is that, at the time of the preliminary hearing, the magistrate denied defendant his constitutional rights in refusing a continuance so defendant could be represented by counsel of his own choosing.

The facts surrounding the controversial event in question are as follows: At the preliminary examination (held on Monday, August 20, 1962) defendant was represented by a public defender, who informed the court that he was advised that defendant’s cousin had, on the previous night, employed an attorney, and that said attorney would request the court for a continuance until either Thursday of the week in which the preliminary hearing was held or the following…