McConnell

Defendant and one James Kelly were jointly accused by information of the crime of burglary. The alleged offense was charged with having been committed by them on March 27, 1925. Upon arraignment they pleaded not guilty. On the day set for the trial defendant McConnell, upon the suggestion of his counsel, was ordered placed in the detention hospital for observation as to' his sanity and the trial was continued to October 16, 1925. It appearing upon said day that McConnell was an inmate of Stockton State Hospital for the Insane, the court ordered a severance and continued the trial of McConnell to a future date. Subsequently, on motion, the case was set for and trial was had on December 18th. Briefly stated, the evidence shows that on the morning of March 4, 1925, a police officer observed defendant and another in the doorway of the premises at 330 Eddy Street, San Francisco. The officer saw defendant’s companion lift him up so as to enable him to climb over the transom. After defendant had gained an entrance into the premises he and his companion were arrested and taken into custody. After trial, defendant was convicted of an attempt to commit burglary in the second degree. Motion…