Sellas

The appellants were jointly charged hy an information filed by the district attorney of San Bernardino County with the crime of burglary, alleged to have been committed on or about the twenty-seventh day of November, 1930, by entering the dwelling-house of John S. Gemberling, and stealing and taking personal property therefrom. The jury returned a verdict finding the appellants guilty of burglary in the second degree. Their motion for a new trial was denied, and this appeal is taken from the order denying their motion for a new trial and from a judgment pronounced upon them.

The evidence before us shows that John C. Gemberling owned a dwelling-house on “F” Street in the city of San Bernardino, California, in which he resided. At about 9 o’clock on the morning of November 27, 1930, which was Thanksgiving Day, he left his residence for the town of Etiwanda where he had dinner with relatives, returning to his home on the evening of the same day. Before leaving his house, Gemberling closed and locked all of the exterior doors and windows. There was a screened porch on the rear of this house which was entered through a screen door. One door and two windows opened from the house on to…