Hendricks

The defendant was convicted of burglary of the second degree. He prosecutes this appeal from the judgment of conviction and the order denying his motion for a new trial.

At the time of the alleged burglary the defendant and his wife resided in Sacramento. He was in the employ of a construction company and his wife was working in a cannery. His wife’s brother, Charley Haggerty, a boy of the age of fifteen years, lived with them. In the year 1923, at the town of Gridley, the defendant had a speaking acquaintance with Raymond Cherry, of the age of twenty years, an accomplice in the alleged burglary. They later worked in a cannery at Palermo, but their acquaintanceship there was not intimate. In June, 1924, the defendant rented half of a double garage in which to keep his Oakland automobile. On the 8th of July Cherry and a lifelong friend and chum, Bob Webb, a boy of the age of seventeen or eighteen years came to Sacramento and secured employment in the cannery in "which the defendant’s wife worked. On their arrival here the defendant introduced Cherry to the owner of the aforesaid garage and Cherry rented the half of the garage not occupied by defendant’s automobile and thereafter…