Pettinger

No appeal lies from an order denying a motion in arrest of judgment, but the order may be reviewed on the appeal from the judgment. (People v. Bundy, 168 Cal. 777 [ 145 Pac. 573 ]; People v. Rogers, 163 Cal. 476 [ 126 Pac. 143 ].)

The information reads as follows: “The said Fred Pettinger, on the 8th day of May A. D. nineteen hundred twenty-eight within the said county of Ventura, state of California, and before the filing of this information, did then and there, Wilfully, unlawfully, feloniously and burglariously' enter the Murr Bros. Service Station, of N. Murr and Ellis Murr, at A Street and Oxnard blvd. in the city of Oxnard, in said county of Ventura, with the felonious intent then and there to commit the crime of theft.” To this information defendant pleaded “not guilty,” and “not guilty by reason of insanity.” Only one trial was had and one verdict rendered, to wit: “Guilty as charged.”

Respondent proved that appellant, on the night of May 8th, or in the early morning of May 9, 1928, drove up to the said service station in a Ford car and, after waiting a short time, with a pair of pliers broke out a window light. He then lifted out and placed in his car a…