Deases

Defendant was convicted of burglary in the second degree and he appeals from the judgment sentencing him to the state prison. The only point made on the appeal is that the evidence .is insufficient to justify the finding of the jury. The point is entirely without merit. The argument of appellant seems to proceed upon the theory that the possession of the stolen property a short time after the alleged commission of the offense is the only evidence of his guilt. This theory is entirely untenable. The evidence shows that a short time after the alleged commission of the offense the defendant was arrested while attempting to pawn a watch which was taken from the premises described in the information. His explanation of how he came into possession "of said watch is the same as is usually given under such circumstances, namely, that he purchased it from a stranger. We may add, that there were certain circumstances connected with his explanation which stamp it • as unreasonable and incredible and no doubt the jury rejected it, as they had a right to do, as wholly unworthy of belief. In addition to the foregoing, the defendant was seen near the premises of the prosecuting witness within a…