Warner

The defendant and one Joe Malone were jointly charged by an information filed in the superior court of Sonoma County with the crime of burglary. The accused demanded and were given separate trials and the defendant was convicted of the crime charged.

This appeal, supported by a transcript of the testimony duly prepared under section 1247 of the Penal Code, is presented by the defendant from the judgment.

The first point made by the defendant is that the building in which the burglary is alleged to have been committed is not so described in the information as to identify it with that definiteness necessary to the protection of the accused against a second prosecution for the identical offense which it was the intention to charge.

The information alleges that the defendants “did willfully, unlawfully, feloniously and burglariously enter that certain building in the town of Guerneville, in said county, in which the United States post-office was then and there located and which building was then and there owned by Mrs. R. S. Drake, with felonious intent then and there to commit larceny.”

We think the building was thus so described in the information as to have fully informed the…