Bealey

Under the provisions of section 269a of the Penal Code, a jury found defendant guilty of the offense of living in “a state of cohabitation and adultery” with a woman who was not the wife of defendant. From the judgment and the order denying defendant’s motion for a new trial, defendant appeals to this court.

While the evidence was somewhat conflicting, the jury was authorized to conclude therefrom that the following facts were established: That about a “quarter to eleven” o’clock on the night of March 23, 1926, under authority of a search-warrant for intoxicating liquor, two deputy sheriffs went to a private garage, which, in addition to housing an automobile, had a living-room attached thereto and in which defendant and the woman in question were at least temporarily sojourning; that on arriving at the garage one of the deputy sheriffs several times demanded of defendant admittance into the room at that time occupied by defendant and the woman, to which demand the defendant responded, “What is your hurry? Wait a minute; give me some time,” all of which was repeated by defendant several times; that after waiting two or three minutes the deputy sheriff kicked in the door, and upon…