Muchupoff

The defendant herein was convicted of burglary in the second degree and has appealed from the judgment of conviction and from the order denying his motion for a new trial.

Shortly after 4 o’clock on the morning of February 14, 1926, one Mike Britwin, occupying an apartment in an apartment house on Eighth Street, San Francisco, was awakened and observed a man, whom he identified as appellant, passing through the doorway between his bedroom and the dining-room. He arose immediately and followed the intruder into the hall, but the latter disap peared at the entrance to the back stairway leading to the upper and lower floors. Britwin then returned to his room and ascertained that $9.75 in silver and a keepsake twenty-five cent piece coined in the year 1876 had been stolen from the top of his bureau. A suit of clothes was also taken from the room. He further discovered that his keys, which he had thoughtlessly left on the outer side of the door of his apartment leading to the hallway, were missing. He then returned to the hallway and after trying to arouse the landlady by ringing her door-bell, proceeded to the upper floor of the apartment house, where he found appellant. He grappled…