Olsen

In this action the defendants were convicted of the crime of burglary in the superior court of the county of Siskiyou and prosecute their appeal from the judgment of conviction therein made and entered. But one question is presented to this court for determination, to wit, the correctness of the order of the superior court permitting an amendment to the information pending the trial. The information as presented to the superior court by the district attorney of Siskiyou County so far as material herein reads as follows:

“The said Jens Olsen and Julius Black on or about the 10th day of February, A. D., 1923, at Sisson at the county of Siskiyou, state of California, did then and there willfully, unlawfully, feloniously and burglariously enter the store building of one J. M. Schuler at Sisson in said county of Siskiyou with, the felonious intent then and there to commit the crime of larceny, contrary to the form, force and effect of the statute in such case made and provided and against the peace and dignity of the People of the State of California. ’ ’

During the course of the trial and at the conclusion of the introduction of testimony by the people the court, upon motion of the…