Lozano

Jesse Jaime Lozano and Manuel Valdez Ruiz appeal from judgments of conviction entered upon jury verdicts of second degree burglary (Pen. Code, §§459, 460). Lozano admitted two earlier felony convictions, Ruiz one.

At 3:30 a.m., November 3, 1965, Police Officer Milburn Wilson saw two men (Lozano and Ruiz) put a bag into a trash can near 17th and Broadway Streets in San Diego. The men walked away. Wilson opened the trash can and found a First National Bank money bag containing $260.13 in coin, primarily Kennedy half dollars, Franklin quarters and liberty head dimes. Wilson apprehended and arrested the men. Lozano possessed a hot wire device for starting automobiles and four Kennedy half dollars.

Later in the morning, Detective Paul Novotny investigated a burglary which had occurred during the night at a market on 12th Street, between F and G streets, a short distance from 17th and Broadway. The owner reported missing cartons of Lucky Strike cigarettes, his collection of Kennedy half dollars, Franklin quarters and liberty head dimes, and money from the cash register. Novotny then went to the jail, and warned Lozano and Ruiz of their consitutional rights as required by Escobedo v.…