Brandon

—The appellantwas convicted of the offense of burglary upon an information filed in the superior court on the sixth day of April, 1933, alleging that on or about the eighth day of March, 1933, in the county of Yolo, the defendant unlawfully, feloniously and burglariously entered a certain dwelling-house- belonging to one T. D. Cummins, with the intent to commit larceny. From the judgment entered upon the verdict of guilty the defendant appeals.

Upon this appeal two points are urged for reversal: 1st. That the evidence is insufficient to sustain the verdict; 2d. That the court erred in the admission of certain testimony.

The record shows that on or about the eighth day of March, 1933, the dwelling-house belonging to Mr. Cummins was entered at 8 o’clock P. M., by the defendant, with the intent to commit burglary. At about 8 o’clock in the evening a witness by the name of Lester Morris and Mr. Cummins’ daughter, who had been out riding, appeared at the Cummins’ residence in the city of Woodland. Upon going into the house they heard someone in one of the rooms. Mr. Morris went to the door of the room in question, and found that the door was held or locked from the other side. Miss…