Rubal

Defendant was tried before the court, a jury having been waived, and convicted of the crime of burglary. From the judgment of conviction and from the order denying his motion for a new trial he has appealed.

The sole contention made by appellant for a reversal relates to the alleged insufficiency of the evidence to sustain the judgment and order.

The evidence shows without question that on the night of September 8, 1931, a cleaning and dyeing establishment located at 5006 Avalon Boulevard, Los Angeles, was burglarized. A. L. Irwin, a motor coach driver for the Los Angeles Railway Company, testified that he passed such establishment at about 4:55 A. M. of September 9th and saw a Hudson coach parked on 50th Street, facing Avalon, back of the alley which ran through the block behind the dye-works, and that he saw a young man crossing the vacant lot between 50th Street and the dye-works, coming from toward the front entrance of the place and proceeding in the direction of the Hudson coach; that the latter stepped into the street on the way toward the Hudson but before he reached it someone at the front of the dye-works “hollered”, and that the young man and this other party…