Canyun

The appellant was convicted upon an information charging him with having on or about the twenty-seventh day of February, 1926, entered the dwelling-house of a Mrs. M. Meyers, in the city of Los Angeles, with intent then and there to commit the crime of larceny. The jury returned a verdict of burglary in the first degree; a motion for a new trial was presented, and denied, and he appeals from the ruling upon such motion and from the judgment.

It appears from the testimony of the complaining witness, Mrs. Meyers, that at about 1:30 A. M. of said date she awoke and discovered the defendant standing at the foot of her bed holding a portion of a broom handle; that she immediately jumped from her bed and commanded him to leave the house, whereupon the intruder ran into the kitchen and leaped out through the window; that a large electric light had been turned on in the kitchen, which enabled her to unmistakably identify the appellant as a man whom she had seen on an average of twice a week for a period of about two years at meetings of a society of which both were members. The witness testified that she then discovered that her pocketbook had been removed from her sewing-machine and lay…