Braswell

The defendant was charged in an information filed by the district attorney of San Bernardino County with the crime of burglary in six separate counts. He was also charged with fifteen prior convictions of a fel ony. He entered a plea of “not guilty’’ and “not guilty by reason of insanity’’ as to each count of the information, and also denied all of the alleged prior convictions.

After a trial by jury defendant was found guilty of the crime of burglary as charged in counts one and five of the information and the jury also found he had suffered prior convictions in Anderson County, Texas, in the following-three cases: Criminal 9828, Criminal 9831 and Criminal 9834. The remaining prior alleged convictions were found to be not true. Defendant was later tried by the same jury on the issue of sanity and was found to be sane at the time the offenses were committed.

In brief, the evidence with reference to the first count of the information, is as follows: Mrs. A. B. Bureky testified that she lived at 1754 Second Avenue, Ontario, California, and that about 2 or 2:30 on the morning of February 18, 1929, someone entered and burglarized her home; that the back door of her home was left…