Piscitella

Defendant was charged by an information with the crime of burglary and upon trial was convicted. An appeal was taken from the judgment, and it is urged as grounds for reversal that the evidence was insufficient to support the verdict, that certain remarks of and an instruction by the trial court to the jury, and a ruling upon the admissibility of testimony offered by the defendant were prejudicially erroneous.

According to the testimony of Frank Lauricella, a witness for the prosecution, he with the defendant and one di Bello, at about 1 o’clock A. M. of December 25, 1926, entered a feed store conducted by Paul Cribari in San Jose, with the intent to remove therefrom a safe containing a sum of money, the safe and its contents being owned by Cribari. An entrance was effected by opening a window, through which they were enabled to unlock the door of the building. After entering it was found that owing to its weight they were unable to remove the safe. They then left the building and drove in an automobile to a resort in San Jose, where they met and procured the assistance of John Taminelli and Tony Barelona. Following this meeting and on the same night the three first mentioned,…