Rivera

The defendant was charged with the crimes of burglary and grand larceny. Pie was convicted of burglary in the second degree and of grand larceny.

Three points are relied upon in support of the appeal. They are that the evidence is insufficient to warrant a verdict of guilty on the count of burglary; that the evidence is insufficient to warrant a verdict of guilty on the charge of grand. larceny, and that the court erred in failing to include in its proposed forms of verdict a form of verdict relating to petty larceny.

[1] Mrs. Romero owned a house of two rooms. One of these rooms she occupied, and the other she rented to the witness Sosa. The outside doors of the respective rooms were locked with padlocks. There was a connecting door fastened with a lock and a hook on the side occupied by Mrs. Romero. During the absence of the occupants, personal property of Mrs. Romero and some other personal property in the room of Sosa were taken away. On the return of the occupants the outside padlocks were found locked, but the connecting door was off and the hook was pulled off.

Shortly afterward the defendant was arrested on the street, carrying a sack which contained the missing clothes…