Honable

Lawrence C. Honable and two codefendants were convicted by a jury of burglary in the second degree. (Pen. Code, §§459, 460.) Honable alone has appealed from the judgment.

It appears from the record that on June 21, 1963, Officer Stevens of the Rip on Police Department at about 12:40 a. m., while driving down an alleyway in the business district, noticed that the back door of Baron’s TV store was ajar and that part of the door paneling was broken. He parked his vehicle and went to investigate. As he neared the store he heard a loud crash, and as he was about to enter the shop he got a glimpse of two Negro men running down the hall. He ordered them to stop but they did not. As he entered the rear door he heard the “front glass crash out.” The officer fired at the man who was going out the shattered glass door but missed. The officer ran out the front door. He saw one of the men turn the corner at the intersection of Main and Walnut Streets on his right—to go north on Walnut Street. Again he fired a shot. The officer knew that Walnut Street was a cul-de-sac one block to the north so he ran to his car and drove to the intersection of Locust and Main, one block west of Walnut and…