Byrd

Defendant and his codefendant Bilbrew were charged with two counts of burglary (Pen. Code, § 459) and one count of receiving stolen property (Pen. Code, §496). The burglary charge in Count I was for entering the office of Maxon Industries in Vernon on February 3, 1963, with the intent to commit theft. Count II charged them with entering the office of Imperial Pacific Packing Company in Vernon on the same date, also with the intent to commit theft. The third count charged them with receiving stolen property, namely three calculators and a gasoline credit card, which belonged to the two burglarized companies.

Both defendants were arraigned and pleaded not guilty. After a jury trial they were found guilty of second degree burglary as charged in the first two counts. The third count was dismissed. Defendant’s motion for a new trial was denied, as was his application for probation. He was sentenced to the state prison for the term prescribed by law. He appeals from the judgment of conviction.

At approximately 12:30 p.m. on February 4, 1963, Deputy Sheriff Donald W. Sullivan arrested defendant and his codefendant Bilbrew near 43d Street and Central Avenue, about 3 or 4 miles from…