Wise

Defendant, Frank R. Wise and David A. Chavez were jointly charged with the burglary of a building in San Francisco on December 30, 1960. After duly waiving a jury, defendant was tried separately, and found guilty of burglary in the second degree (Pen. Code, §§459, 460). On this appeal from the judgment of conviction, he contends that the evidence is insufficient to support the judgment and that the trial court erroneously admitted certain evidence. We find no merit in these arguments.

The People preliminarily point out that although the written notice of appeal was not filed until 14 days after the rendition of the judgment, the notice was delivered to prison authorities within the jurisdictional 10-day requirement of rule 31(a) of the Rules on Appeal (People v. Spencer, 193 Cal.App.2d 13 [ 13 Cal.Rptr. 881 ]; People v. Slobodion, 30 Cal.2d 362, 368 [ 181 P.2d 868 ]).

The record reveals the following facts: On December 30, 1960, at about 3 :30 p. m., Ernest G. Batchelor left his painting contracting office and shop at 3420 Eighteenth Street in San Francisco, leaving everything in good order. When he opened the shop at 9:30 the next morning, he found that the office had been…