Cascino

The appellants Cascino, Tartaro and Cirimele were found guilty by a jury of the crime of second degree 'burglary, and they have appealed from the judgment of conviction, urging as grounds for reversal insufficiency of evidence and error in the giving and the refusal to give certain instructions.

The place alleged to have been burglarized was a grocery store on the corner of Fillmore and Jackson Streets, San Francisco. Shortly after midnight, Officers McLaughlin and Schuler, while patroling their district in a radio-equipped police car, received instructions over the radio to proceed to said corner, and as they approached the grocery store they observed two men standing close to the side door thereof located on Jackson Street twenty-eight feet from the corner of Fillmore and set in from the property line about twelve inches. Officer McLaughlin alighted and as he neared the side entrance he saw a third man “coming out” of the doorway. The door had been broken in from the outside, evidently by someone forcing his weight against it, because the door casing had been torn away. The man seen coming out of the doorway proved to be Tartaro. He was a large man, about six feet tall and…