Brice

A jury found defendant guilty of first degree burglary. (Pen. Code, §§459, 460.) He appeals from the judgment of conviction.

Leon Fields was the proprietor of the Louisiana Market, a small grocery store in North Richmond. On April 9, 1963 at 9 :30 p.m. he closed his store for the day and retired to his living quarters in the rear of the store. He locked the front door on the inside, also padlocked it on the outside and put out all the lights except a beer sign. He went to bed at about 9:45 p.m. and shortly thereafter fell asleep.

Fields testified that at about 2 a.m. he was awakened by a noise in the store. He jumped out of bed, armed himself with a pistol and “eased” himself into the store. He saw two men moving and called to them to “Halt.” When they kept moving he fired two shots. One of the strangers came towards Fields, saying that he had been hit. Fields saw that he was a Negro. He then marched the intruder at gunpoint to the front of the store where Fields called the Richmond Police Department from a pay telephone. At that point he ivas able to see the face of the intruder by the light of the beer sign. Later he identified him as defendant.

After Fields completed the…