Garcia

The defendant was convicted of burglary of the second degree. This appeal is from the judgment of conviction and the order denying a new trial. The evidence shows clearly that some person committed the burglary charged. The only ground urged for a reversal is that the evidence is insufficient to connect the defendant with the commission of the crime.

Between the hours of 8:30 in the morning and 12:30 in the afternoon of October 9, 1923, during the absence of the occupants, a Japanese residence was broken into and two watches, certain jewelry, two men’s suits of clothes, an overcoat and a valise were stolen therefrom. About the middle of the same month the defendant, by occupation a plumber, entered a restaurant and sold one of the watches to a man sitting at one of the tables therein for fifteen dollars. In the early part of December, the defendant pawned the other stolen watch for fifteen dollars in a pawnshop in Oakland. No trace was discovered of the other stolen property. The defendant admitted that he sold the one watch and pawned the other as stated. Appellant correctly states that mere unexplained possession of the stolen property is not sufficient to connect the defendant…