Flores

The defendant was charged by an information filed in the superior court of the county of Fresno with the offense of burglary and was convicted. An appeal was taken from the judgment and from an order denying a motion for a new trial.

It is contended that the court misdirected the jury on matters of law, erred in its refusal to give an instruction requested by the defendant, and that a statement of the law by the prosecuting attorney in the course of his argument to the jury was prejudicially erroneous.

The evidence adduced shows that the dwelling-house of P. Bandoni, situated in the town of Firebaugh, in Fresno County, was on the night of December 5, 1926, between the hours of 7:30 and 10 o ’clock P. M., entered, and a watch and a sum of money consisting of silver and copper coins taken therefrom. The crime was committed during the absence of Bandoni and his family, and it appears that an entrance was effected through one of the windows in a bedroom of the dwelling. Upon the return of the owner and his family the screen over the window was found to have been cut and removed and one of the panes of glass nearest to the window lock was broken. Bloodstains were discovered near the…