Franco

Defendant was charged by information with the crime of burglary. He was tried and convicted. A motion for a new trial was made and denied. This appeal is from the judgment and order.

The evidence established the following facts: One H, R. Schueker was operating a shoe store in the city of Fresno. The store was situated in the basement of the building known as 1047% Fulton Street. In order to enter the store it was necessary to proceed down some stairs leading from the sidewalk to the store proper.. Along the walls and sides of the stairway some five showcases had been installed in which were displayed numerous pairs of shoes. On the night of February 19, 1926, the lock on one of these showcases was broken open and six pairs of shoes taken therefrom. Early in the morning of the following day defendant rented a room under an assumed name at a certain hotel in Fresno, at which time he left a box containing the stolen shoes with the proprietor. Later in the morning, accompanied by one Nick Rodriquez, he appeared at the hotel and asked that the box be delivered to him. In the meantime the police officers of Fresno had ascertained that the box was at the hotel and á detective had…