Navarette

Appellants were charged with violation of section 459 of the Penal Code (burglary in the second degree) in that on or about January 3, 1958, they entered the building of Chuck’s Used Furniture Store, located at 404 East Main Street in the city of Visalia, with intent to commit theft. Trial was had before a jury which found each appellant guilty as charged in the information. Probation was denied as to each appellant and they were sentenced to imprisonment in the state’s prison for the term prescribed by law. They appeal from the judgments of conviction, claiming that the evidence is insufficient to support the verdict and judgments.

At about 11 p. m. on January 3, 1958, Oliver Hinkle, proprietor of the Santa Fe Liquor Store, 406 East Main Street in Visalia, while in his store heard “a loud noise, a crash of breaking glass.” He stepped out of the door of his store and saw two men turning away from a broken window in Chuck’s Used Furniture Store next door. The men were at a distance of not more than 15 feet from Mr. Hinkle and he called “hold it” to them. They stopped and looked around and he recognized the appellants, who had been patrons of his store. Each had a rifle in his…