Corbin

The defendant was charged in an information filed by the district attorney of San Diego County with the crime of burglary, and with having been convicted of two prior felonies. Prom the evidence it appears that about 1 o’clock on the morning of January 7, 1933, the owner of a -cafe in the city of San Diego left the same with some friends, leaving both the front and rear doors locked. When the party returned about 4 o’clock the same morning they saw the defendant standing inside the cafe but he escaped after prying a lock from a rear door. He was seen running from the premises by a police officer and after a chase was apprehended by other officers. When caught he had in his possession a number of instruments for picking locks, a butcher-knife, several hack-saw blades, one of which was sewed in the lapel of his coat, and certain money and personal property which was shown to have been taken from the cafe. During the progress of the trial it developed that the record as to one prior conviction was not properly authenticated and the charge as to that prior conviction was withdrawn. The jury found him guilty of burglary in the first degree and also found in favor of the People upon the…