Malone

The defendants were charged with the crime of burglary and tried by a jury. This appeal is from the judgment following a verdict of guilty, and from an order denying a motion for a new trial.

It is admitted that the appellants entered the store of R. J. Wooten in the city of Bakersfield between 11 and 12 o’clock on the night of April 13, 1930, and took therefrom a safe, a number of tires and various other articles of merchandise. The only defense offered at the trial or raised on appeal is that appellants were entrapped into committing the offense by an officer of the law. It appears that for about a month prior to April 13, 1930, one H. 0. Stone had been in the employ of the police department of the city of Bakersfield as a special investigator, and that it was his duty to frequent pool-halls and similar places and pick up information about crimes that were contemplated, or that had been committed. It also appears that Stone had conversations with appellants on the afternoon of April 13th, and that the three went to the rear of the Wooten tire shop and looked at the premises. Stone reported to his superior officer that the Wooten place would probably be entered about 11 o’clock…