McGill

pro tem. — In this case the information charges the defendant McGill and one Prank McGettigan in count one with the crime of burglary and in count two with the crime of grand larceny.

Defendant McGettigan entered a plea of guilty. Defendant McGill stood trial and was found guilty of the crime of second degree burglary and of the crime of grand larceny. He appeals from the judgment pronouncing sentence and from the order denying his motion for a new trial.

Defendants were employed as window washers of the outside windows on the first floor of Blackstone’s store in Los Angeles. On June 30, 1926, they left their apartments about midnight, drove downtown and parked outside the store of the Blaekstone Company. Defendant McGettigan testified that both defendants entered the store building on the third floor by way of the fire-escape, went to the fourth floor and there filled some window buckets with silk dresses and lingerie; that he was leaving the building by the fire-escape when he was shot by the night watchman, and that his co-defendant, the appellant McGill, escaped. The night watchman testified that he saw MeGettigan and another man enter the building and go into the third…