Peterson

appellants, H. Peterson and

James DeVoore, were convicted of burglary. Together with B. F. Carrell and E. C. Lierly they were jointly charged With the burglary of a warehouse in the city of Bakersfield. Lierly pleaded guilty. The three others were tried and convicted. Peterson and DeVoore appeal from the judgment. The corpus delicti was proved beyond peradventure. But appellants claim that, aside from the testimony of their alleged accomplices, there is no evidence tending to connect them with the crime. The point lacks merit.

Early in the morning of March 12, 1922, the warehouse was entered and goods were stolen and carried away. One witness, a man who lived near the scene of the burglary, testified that at about the hour of 12:30 A. M. he saw four men with a Ford truck, which was backed up near the warehouse. The witness saw goods loaded on the truck. Two of the four men he identified as Carrell and Lierly. It is a reasonable inference, therefore, that at least four men participated in the crime. At about 2:25 o’clock of the same morning an officer discovered De-Voore in the warehouse crouched behind a table as though endeavoring to conceal himself. DeVoore vouchsafed no…