Russell

Appellant was convicted by a jury of burglary in the second degree, his motion for a new trial denied and, having been previously convicted of a felony, he was sentenced to imprisonment in Folsom penitentiary. The sole point raised on this appeal is that the evidence is not sufficient to sustain the conviction.

The proof shows that Miss Jane Torkington on July 19, 1931, left her apartment at about 9:45 A. M. and did not return until about 10:15 that evening, at which time she found the door to the apartment unlocked, that her radio was gone, papers were scattered on the floor and the drawer in the dresser had been disturbed. Miss Torkington testified that she had given no one permission to enter the apartment and take the radio. A Mrs. Schmidt, who occupied the same apartment, testified that she left the premises at about 1 P. M., at which time she locked the door of the apartment, that she did not return until about 10 :30 P. M. and that she had given no one permission to take the radio. This evidence was sufficient to establish that a burglary had been committed and that the radio was stolen in the perpetration thereof. (People v. Cota, 47 Cal. App. 224 [ 190 Pac. 473 ]; People…