Noon

This is an appeal by the defendant in a criminal action from an order denying his motion for a new trial and from the judgment of imprisonment in the state prison for the term of twenty years.

The information charges the defendant with burglary, together with several prior convictions. The entry is alleged to have been of the “house, room, etc., of one C. Heuser, located at 503 Mason Street,” etc.

It is urged by appellant that the evidence was insufficient lo justify a finding of an entry of the premises by the defendant, or that such entry was with the intent to commit larceny. A careful examination of the evidence set forth in the bill of exceptions does not in our opinion sustain the contention of defendant in this regard. C. Heuser, the occupant of the room alleged to have been entered, testified in substance, among other things, that he left his room at 503 Mason Street at eleven o’clock in the forenoon of the twentieth day of January; that he did not light the gas at all that morning; that he returned to the room at a quarter to one in the night and found the room in the same condition as when he left it; nothing was disturbed. His room was the back room on the second…