Hunter

Defendant was convicted of the crime of burglary in the second degree. His motion for a new trial was denied and he was sentenced to be imprisoned in the state prison. He appeals from the judgment and from an order denying his motion for a new trial.

The principal contention made by the appellant is that the evidence was insufficient to justify the verdict. The facts, as the evidence offered by the prosecution disclosed them to be, are as follows: Mrs. Nettie Connelly, on the 29th of April, 1922, left her home about 4:30 in the afternoon, after closing and locking the doors of the house. She returned between 9 and 9:30 P. M. the same evening. She then found that one of the locked doors had been opened and the house ransacked. Among other articles taken was a suitcase and a suit of clothes. About 8:45 P. M. on the day mentioned defendant appeared at a loan or pawnbroker’s establishment with the suitcase and the suit of clothes and offered them for sale. The pawnbroker agreed to pay $10 for the merchandise, which money he delivered to the defendant, who gave his name as Albright. While conducting negotiations for the purchase of the articles, the proprietor notified the police of…