Rodway

Defendant was charged, in two counts, with the crimes of burglary. Under the first count he was convicted of burglary in the second degree. Under the second count he was convicted of burglary in the first degree. He appeals from the judgment of conviction and from an order of the trial court denying his motion for a new trial.

Appellant made a confession of his guilt of each of the crimes with which he was charged. He contends as to each count that the corpus delicti was not proven, by evidence aside from that contained in the confession, in that there was a failure to prove that he was connected with the commission of the crime. Such a showing, however, is not a necessary item in the proof of the corpus delicti. ‘ ‘ The two elements of corpus delicti are: 1. Certain facts forming its basis; and 2, the existence of criminal agency as to the cause of them. To establish the corpus delicti it is not essential to show that the crime charged was committed by the defendant” (People v. Flores, 34 Cal. App. 393 [ 167 Pac. 413 ], See, also, People v. Britt, 62 Cal. App. 674 [ 217 Pac. 767 ]).

We are not certain that, irrespective of the question just mentioned, appellant intends to…