Elledge

The appellant was convicted in a nonjury trial of the crime of burglary in the first degree and it was found to be true that he had previously been convicted of the crimes of grand theft and violation of section 503 of the Vehicle Code, each being a felony. He was sentenced to imprisonment in the state prison for the term prescribed by law. His appeal is from the judgment and from the order denying his motion for a new trial.

At the trial, the appellant was represented by counsel of his own choice. The notice of appeal was filed in propria persona. The application of the appellant for the appointment of counsel to represent him on this appeal was denied because, as will appear herein, a review of the record disclosed that no benefit could accrue to the appellant or the court by such an appointment. He has filed an opening and a closing brief.

The prosecution offered the testimony of one witness, Sheila Mary Liwicki. The appellant testified in his own behalf and produced as a witness Lila Brewer, who testified briefly. Mrs. Liwicki said that on October 14, 1959, she lived in a one-room apartment on the third floor at 457 South Bonnie Brae in Los Angeles. At about 3:30 o’clock in…