Ferns

The defendant was convicted of the crime of burglary in the first degree, and this appeal is from the judgment and from an order denying the defendant’s motion for a new trial.

The facts of the case pertinent to the decision of the points made in support of the appeal are substantially as follows: On the second day of February, 1914, the defendant occupied room 12 of a lodging-house in Oakland kept by one Charles Fong. In the room were a number of articles, including a suit ease, a small camera case, an overcoat, a pair of shoes, a steamboat ticket, and some milk bottle tickets. The defendant left the place at about 9 o’clock the next morning. At about 12 o’clock he reappeared, and asked Charles Fong if he might occupy the same room that night. Fong replied that he would be using the room in the evening until 12 o’clock, and that probably for this reason the defendant would not want it. To this the latter made no reply, and the two separated. Later the defendant went to the wife of Fong, and told her that her husband had rented the room to him; whereupon Mrs. Fong delivered to him the key of the room. The next morning the defendant was seen leaving this room, and going in the…