Leavitt

The defendant was convicted on five counts, contained in two informations. In each instance the conviction is of burglary in the second degree.

The corpus delicti, of each crime, was fully established. The failure of the court, on certain occasions during the trial, to admonish the jury as required by section 1122 of the Penal Code, was an irregularity, but not shown to have been prejudicial to any right of the defendant.

The admission in evidence of the photograph, People’s Exhibit 8, does not appear to have had any important bearing on the merits even if, as claimed, it should not have been admitted.

The principal grounds of appeal are that the court erred in admitting in evidence the testimony of one Liebhart, a police officer, concerning a purported confession of guilt, made to him by appellant; that without this evidence of a confession, there is no evidence tending to connect appellant with the commission of any of the alleged burglaries, except the testimony of an accomplice, one Curryer; that for these reasons, if the confession be excluded, the evidence is insufficient to support the verdicts.

Several witnesses testified to the effect that Liebhart, prior to obtaining…