Susoeff

Defendants were charged jointly, in three counts, with the commission of as many burglaries in Pasadena on one and the same day. Susoeff and Kúdenoff, who, only, are before us on appeal, were both acquitted under the first and second counts and convicted of second degree burglary under the third. The appeal is from the judgment and from an order of the trial court denying the motion of appellants for a new trial.

Appellants contend that the corpus delicti was not proven. The crime in question, laying aside the point, whether appellants were guilty of its commission, consisted in a breaking into an automobile agency in Pasadena, forcing open a safe in the office of the concern, and abstracting money therefrom. There was evidence, according to the statement of facts contained in the brief of appellants, that when the complaining witness returned to his office immediately after the date fixed in the information he found that “the hatchway leading to the roof of the building had been torn off”, that “the combination of the safe in the office had been knocked off” and that “the safe lock had been driven in and the contents of the safe were strewn over the office floor”. The burglary…