Carreras

Raymond Carreras was convicted by a jury of the crime of burglary in the second degree. He has appealed from the judgment entered and from the order of the court denying his motion for a new trial. The latter is now a nonappealable order and the purported appeal therefrom must be dismissed.

It appears from the record that the appellant, Raymond Carreras, was a casual acquaintance of Raymond Dale, the owner and operator of Miller and Dale Auto Repair which was located at 1733 “S” Street, Sacramento, California. On February 22, 1962, Raymond Dale allowed the appellant the use of his shop. On the same day the proprietor, Dale, closed his place of business, noting nothing unusual. The next morning when Dale arrived to reopen the business he found that the hasp which locked the sliding front door had been pried away from the doorjamb so the door could be opened. Also, the padlock was unsuccessfully forced, which had caused it to jam.

The proprietor entered the shop and immediately discovered that his red transmission jack was missing although the accessory arms were left behind. Subsequently, the proprietor discovered that a roughing hone, along with its unique container, a volume of…