Carrigan

A jury found each of two defendant brothers guilty of two counts of burglary. Each appeals from the ensuing judgment, and we appointed attorneys to represent them separately.

At about 4 a.m., the Villa Roma bar in San Jose was entered by forcing a fiberboard panel. Inside the establishment, two office doors had been pried open and marks of a screwdriver and pry bar were left thereon. One of the doors was so constructed that its opening triggered a burglar alarm. Nothing was taken from this bar. In the early hours of the same morning, the Hat’s Club, another San Jose bar, was forcibly entered. Some $150 in currency and rolled coins was taken. A jukebox and a cigarette machine were broken open, and $87 to $97 in coins removed. It was the custom of the management to keep the jukebox playing through slack hours. Half dollars and quarter dollars deposited in the coin slot for this purpose were marked with red nail polish, so that the company which owned the machine could return them to the bar owner when collections were made.

At about 1:30 a.m. the two defendants and a third man had been in the Villa Roma. The bartender recognized the defendants as men who had been in the bar on the…