Lowrie

Defendant was convicted of the crime of burglary in the first degree and sentenced to imprisonment in the state prison for the term of fifteen years. This appeal is from the judgment and an order denying the defendant’s motion for a new trial. We have carefully examined the evidence, and find it sufficient to support the verdict, and hence it is not necessary to discuss it in detail, nor the questions raised as to its sufficiency.

Defendant assigns as error the refusal of the court to strike out the direct testimony of the witness Bailey, who was employed on the twenty-seventh day of April, 1905, by the Southern Pacific Railroad Company at the local ferry office as ticket clerk. Bailey, while on the stand, examined a number of tickets shown to him, and testified that a ticket shown to him was sold by him after 7 o ’clock on the evening of April 27, 1905, at the ferry ticket office in San Francisco, at the foot of Market street. On cross-examination he testified that he made the statement from the fact that the records of the office showed that certain numbers of tickets were used on that evening, and that he was the only person there to sell tickets. The defendant did not object…