Calderon

The appellants and one Cinvente S. Lueras were jointly charged with the crime of burglary, to which offense the latter pleaded guilty, and appellants were convicted of burglary in the first degree. Motions for a new trial and in arrest of judgment were thereafter presented, which were denied, and Calderon and Torres appeal from the judgments and from the rulings upon said motions.

It appears that the home of one M. Yano, at Wilmington, in Los Angeles' County, was robbed during the night of January 18, 1928. Appellants and Lueras were arrested when seen throwing a package from an automobile in which they were driving, and a trunk, certain jewelry and other personal property of Yano were found in their machine. Calderon later made a written confession, and Lueras testified at the trial, both admitting the robbery in detail.

It is first objected that the trial court erred in permitting the People to introduce certain surrebuttal testimony. At the conclusion of the defendant Torres’ testimony, his counsel and the district attorney announced “That is all,” whereupon counsel for Calderon asked permission to call two witnesses in rebuttal, which was granted, the court directing that…