Frahm

By an information filed February 7, 1930, by the district attorney of Los Angeles County, appellant and one Thomas Kucera were charged with the crime of burglary, alleged to have been committed on or about August 13, 1929. The prosecuting attorney dismissed as against Kucera and the jury found appellant guilty of burglary, second degree. The court denied his motion for a new trial and he is here upon an appeal from the judgment and from the order denying his motion for a new trial.

The validity of appellant’s contentions depends very largely upon the evidence received at the trial. It therefore becomes necessary to give a summary of the evidence introduced. Lawrence Anderson, who was in charge of the warehouse of the Foreman Soule Steel Company, the building from which the property is alleged to have been stolen, testified in substance as follows: That the warehouse is located at 6300 Wilmington Street, Los Angeles; that he was there August 13, 1929, and was the last person to leave, which was about 5 o’clock in the afternoon; that he locked up that night; returning at 7:45 the next morning, he observed that both the window and the lock had been “jammed”; that ten boxes of…