Moore

Defendant was charged with three counts of burglary and three counts of receiving stolen property; was convicted of the former; and acquitted of the latter. The burglary counts arose out of the burglarizing of three different residences occurring, respectively, sometime between November 16 and December 1, 1963, on December 17, 1963, and between 1 a.m. on December 25, 1963, and 2 p.m. on December 26, 1963. As to two of the counts the degree of burglary was fixed as second degree and as to the other, at first degree.

There is substantial evidence that each of the subject residences was burglarized and that a part of the property stolen from each of them later was found in the residence of a person named Mrs. Velma Hunter, who, as a codefendant, was charged with the three counts of burglary and three counts of receiving stolen property, and was convicted on all counts. The only issue as to the defendant is whether he was a participant in the burglaries.

On January 24, 1964, two deputy sheriffs, while conducting a search of Mrs. Hunter’s residence in regard to a domestic relations matter, observed the presence therein of some property reported stolen from the three residences which…