Brown

Appellant and F. C. Hertel were jointly charged with the crime of burglary in three separate counts of an information filed by the district attorney of Fresno County. It was alleged that the accused entered the store or warehouse of the Better Buy Cash Grocery in Fresno, California, on or about March 28, April 5 and May 5, 1930, with intent to commit the crime of theft. Three prior convictions of felonies were alleged against appellant, and admitted by him. Hertel escaped from jail and was at large at the time of the trial. Appellant was found guilty on all three counts and judgment pronounced against him.

Appellant relies upon two grounds for a reversal of the judgment. He urges that the’ trial court erred in denying his motion to strike the testimony of the witness Harry Markowitz, offered in support of the third count of the information, and that the evidence was not sufficient to support the verdict and judgment against him.

Harry Markowitz was manager of the Better Buy Cash Grocery at Fresno. He testified that on the nights of March 28, April 5 and May 5, 1930, the store was broken into and several cases of three popular brands of cigarettes stolen. The entrances were made…