Giffis

This is an appeal from a judgment wherein appellant was found guilty of burglary and grand theft.

In an information filed in Los Angeles County on April 9, 1962, defendant was charged in Count 1 with burglarizing a building or store of David Goldin on or about September 2, 1961; in Count 3 he was charged with taking on or about September 2, 1961, certain restaurant equipment of David Goldin of a value in excess of $200. Count 2 charged the receipt of stolen property of which defendant was acquitted.

Two prior felony convictions also were charged, the first for receiving stolen property and the second for the unauthorized taking of an automobile (in the latter case defendant was charged with “three prior convictions”). Trial before a jury was had and defendant was found guilty of the burglary and grand theft charges. Probation was denied and he was sentenced to the state prison. Defendant now appeals ‘ ‘ from the Judgment and Sentence. ’ ’

A résumé of some of the facts as recited in the reporter’s transcript is as follows:

On the Friday before Labor Day in September 1961 Goldin, before leaving his business place, secured the premises and they seemed at that time to be in good…