Richmond

Appellant is accused by an information filed by the district attorney of Fresno County of the crime of burglary, alleged to have been committed on the nineteenth day of October, 1931, by entering the Fort Washington School in Fresno County with intent to commit the crime of theft therein. He was found guilty as charged and judgment was pronounced upon him. His motion for new trial was denied, as well as a motion in arrest of judgment.

The evidence discloses that some time between about 3 o’clock in the afternoon of Sunday, the eighteenth day of October, 1931, and 8:30 o ’clock in the morning of the next day, a pump-house on the school grounds was broken into and an electric motor taken therefrom. The motor had attached to it a brass plate with a serial number stamped into it and was painted black when last seen in the pump-house. Several months later a motor, similar to the one taken from the pump-house, was found in the possession of appellant at a service station which he was operating at Auberry in Fresno County. This motor had a coat of blue paint covering a coat of black, and the brass plate bearing the serial number had been removed.

Appellant maintains that there was no…