Morrell

Defendant was convicted of the crime of burglary in the first degree. A judgment of imprisonment was imposed and he has appealed from that judgment and from an order made denying him a new trial.

It is charged in the information that appellant, together with two other men, burglariously entered the house and building of G. W. Neff, near Holtville in the county of Imperial, with intent to commit the crime of larceny. The house of Neff was located approximately two miles outside of the center of the city of Holtville. Neff resided in that house alone, being unmarried. On the day mentioned in the information he left the house about noon and drove into the city of Holtville, returning about 6 o ’clock in the evening. On his way home he passed three men whom he identified as the defendants above referred to. These three men were traveling in the same direction that he was, and he inquired of them whether they wished to ride and one of them responded, no, that they were not going far. Neff drove on to his ranch; he did not go directly to the house, but went to return to a neighbor the wagon which he was using and which he had borrowed that day. He stopped also to converse with another…