Coffee

The charging part of the information against the defendants was as follows: " That said John Coffee and J. R. Hopkins on or about the 8th day of July, A. D. 1920, at and in said County of Stanislaus, State of California, prior to the filing of this information, did then and there willfully, unlawfully, feloniously and burglariously enter the chicken house of one T. B. Michael, and upon the premises of the said Michael, located one half mile south of Hughson, on what is known as the Tully Boulevard, in the County of Stanislaus, State of California, with the felonious intent then and there to commit the crime of larceny. ’ ’

Section 459 of the Penal Code defines burglary as follows: “Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, railroad car, mine or any underground portion thereof, with intent to commit grand or petit larceny or any felony is guilty of burglary.”

One of the contentions of appellants is that the information does not charge the offense of burglary, inasmuch as it appears therein that the house was for the use of chickens instead of human beings, the objection…