Witt

Defendant was found guilty by a jury of second degree burglary. He appeals from the judgment entered on that verdict and from the order denying his motion for a new trial.

The burglary involved occurred on October 29, 1956, between the hours of 1 and 4:45 p. m. It was of the apartment of Mr. and Mrs. Mah on Pine Street in San Francisco. During those hours the Mahs were out of their locked apartment. When Mr. Mah returned about 4:45 p. m., he discovered that it had been entered and ransacked during his absence. Two sets of silverware, a clock radio, a toy cash register containing about $50, a .41 Colt revolver, a nickel-plated .32 revolver, and a plaid handbag were missing. A metal box in the bedroom had been forced open and was lying in the middle of the bedroom floor.

The defendant was connected with the crime under the following circumstances: On October 30, 1956, at about 3:15 p. m. two San Francisco police inspectors observed one Albert Cibrian, known to the inspectors as an addict and thief and wanted as a burglary suspect, beside an automobile, later identified as the car of defendant, on Turk Street near Larkin in San Francisco. After Cibrian had walked away from the car…