Midkiff

A jury found defendant guilty of second degree burglary (§459, Pen. Code) and grand theft (§ 487, subd. 1, Pen. Code) ; he admitted three prior convictions of burglary. Defendant appeals from the judgment.

O’Keefe Medical Service and Eureka X-Ray Tube Company occupy the same premises at 841 South Grandview. At 7:30 a.m. on April 14, 1967, Mr. McKee, an employee of Eureka had trouble opening the lock on the side door because it had been tampered with; later certain of his tools left in order on his work bench were missing. Looking around he found some of them scattered in the O’Keefe part of the building; thereafter Mr. Puls, service manager of O’Keefe, and another tenant saw a small hole, 18” by 24”, in the roof of the front part of the showroom. A rope was hanging down to the floor from a rafter and there was debris over the showroom carpet and couches. Numerous items belonging to O’Keefe were missing, the total value of which was $830 or $840.

Around 6 a.m. on April 14, 1967, Mr. Basaraba, who lives across the alley approximately 30 feet from the South Grand-view premises, came around the corner of the apartment building and noticed a metallic blue Mercury Monterey parked in…