Walker

Henry Pilgrim, Guy Albright and appellant Paul Eugene Walker were accused of the crime of burglary (Pen. Code, § 459) in an information containing two counts. In count one they were charged with having entered “Ed’s Lawnmower and Gun Shop” in Fresno with intent to commit theft therein and in the second count with having entered the L. H. Butcher Company building in said city with like intent. Appellant was also charged with two prior felony convictions. He admitted these prior convictions and he and Albright were tried by a jury which returned a verdict finding them both guilty of burglary in the second degree as charged in counts one and two of the information. Appellant was sentenced to imprisonment in the state prison for the term prescribed by law and appeals from the judgment of conviction.

On April 7, 1957, at about 10:30 p.m., William Brunson, operator of “Ed’s Lawnmower and Gun Shop” in Fresno was called to his store and noticed that the front door had been broken into. There was glass on the floor and 27 guns had been stolen from the gun rack. Three BB guns taken had tags attached to them and one of the rifles taken had been received in a trade.

The branch manager of L.…