Cameron

Defendant appeals from a judgment of conviction of burglary in the first degree, and an adjudication he was an habitual criminal.

At the trial the issue in the burglary charge was one of identification. There was no contention a burglary had not been committed. Defendant was identified as the burglar by the victim who saw him face to face, in a lighted room of the burglarized premises, for approximately 45 seconds; talked to him asking what he was doing there and received the reply he was looking for someone; but did not then apprehend him because of an interrupting telephone call, apparently in response to a call to the police. Shortly thereafter the victim, being alerted by the barking of a dog, went into his yard and saw a person emerging from some bushes; go across a neighbor’s yard; and onto the adjoining street, where he was apprehended by the police. The person was defendant. He fitted a description previously given the officers by the victim; was placed under arrest forthwith; and was searched. In one of his pockets he had some coins among which was a Columbian Exposition 50-cent piece belonging to the victim’s wife. The defendant denied the burglary, and accounted for…