Swanson

The defendant was convicted, of the crime of burglary of the second degree. From the judgment of conviction and from the trial court’s order denying his motion for a new trial he has prosecuted this appeal.

Among the grounds urged for a reversal, appellant contends that the evidence produced at the trial was insufficient to support the verdict of guilt. It is therefore proper to describe as briefly as possible the salient evidentiary facts which the record discloses.

At some time between the hour of 3:30 P. M. of Friday, July 31, 1931, and the hour of 9:30 A. M. of Sunday, August 2, 1931, the home of Max Royer in the city of Fullerton, Orange County, California, was broken into and a number of articles of personal property were taken there from. Among the articles stolen were a Kolster radio, a machine gun, and eight revolvers and pistols. Two witnesses produced by the respondent testified that they saw the appellant in company with one Cecil Rennaker in Santa Ana, Orange County, at 12:30 P. M. on Saturday, August 1, 1931, at which time Rennaker repossessed a Durant automobile. At about 4 o’clock P. M. of the same day appellant and Rennaker called at the residence of R. A.…