Martinez

The defendant was convicted of burglary of the first degree, and appeals from the judgment and the order denying, him a new trial.

He claims that his rights were prejudiced by alleged errors of the court in disallowing challenges of certain veniremen for implied bias, in allowing certain testimony to be received into the record, and in the giving of certain instructions. It is charged that he was prejudiced by alleged misconduct of the district attorney and insisted that the evidence does not support the verdict.

The alleged crime was committed at the town of Portola, in Plumas County, between the hours of 8 and 10 o’clock of the evening of February 13, 1916. The building entered was the property of one Arkin. Therein he carried on the retail drug business and also had living-rooms, where he and his family resided. A portion of the store was occupied by one Johnson as a jewelry-store and repair-shop. On the evening named, Arkin and his family attended a moving-picture show located on the opposite side of the street from the said store. He left the store at about 7:30 o’clock in the evening. Johnson had previously left the store and also attended the picture show mentioned. Arkin…