Adams

Defendants Adams and Clegg have severally appealed from judgments of conviction which sentenced each to state prison following jury verdicts which found both guilty of burglary in the second degree. (Pen. Code, §§ 459-460.) Bach contends that the evidence is insufficient to sustain his conviction, and that the court prejudicially erred in permitting the prosecutor to impeach a witness called for the People by the use of a prior inconsistent statement which incriminated the defendants. A further contention, that each was wronged by the failure of the court to grant his motion for new trial, is encompassed within the foregoing contentions and needs no separate consideration.

An examination of the record reveals ample evidence to support the convictions, and establishes that although there may have been irregularities in permitting the impeachment of the witness, and in the manner in which the impeachment was conducted, there was no prejudicial error. The judgment must be affirmed.

Sufficiency of the Evidence

At about 5 :25 a.m., on August 14, 1966, Humboldt County Deputy Sheriffs Gritts and Ayer observed a man apparently fleeing from' the Blue Lake Speedwash, in Blue Lake,…