Majors

The defendant having been convicted of the crime of burglary, appeals from the judgment, and from the order denying his motion for a new trial.

[1] Appellant contends that the evidence is insufficient to sustain the verdict in this, that there is no evidence that the defendant committed the crime. That burglary was committed at the time and place alleged, in the house of one George B. Varnum, is not now disputed. One of the articles stolen on that occasion was a pair of binocular glasses. The burglary occurred on the eleventh day of February, 1919. One Levy, a jeweler, testified that on the twenty-seventh day of February, 1919, he bought those glasses from the defendant, who then and there signed the name B. F. Strong on a memorandum of the sale, in a book kept by Levy. The witness Murphy, one of the officers who arrested defendant, testified that when arrested, the defendant said that his name was James Wilson. A handwriting expert, -whose testimony remains uncontradicted, testified that the signature B. F. Strong, on Levy’s book, was written by the same person who signed another document, whereon it was shown that the defendant had signed the name James Wilson. The sale made by…