White

After a trial by jury, appellant was convicted. of burglary in the first degree. (Pen. Code, §§ 459, 460.) He appeals from the judgment.

On March 28, 1962, at approximately 5 p.m., the victim Johnny R. Rin left his room in the Sherman Hotel in Oakland to go to work. He locked his door. When he returned from work the next morning at about 5 a.m. he noticed that there were little pieces of wood chipped off the door and that there was a hole in it next to the lock. Upon entering the room, he saw some of his possessions scattered on the top of his dresser. His wallet which was on top of the dresser was open and his piggy bank with about four dollars in it, which he had left there, was missing.

On the night of March 28, at about 11:15 p.m., Officers Nielsen and DeVanna of the Oakland Police Department entered" the Sherman Hotel. The record is not too clear on the point but it is a fair inference that they entered together. They went to the second floor of the building which was the first level of the hotel itself. There Nielsen saw appellant and one Tommie McGhee, codefendant in the court below but" not a party to this appeál, coming around" a corner of the hallway. They were…