Ramirez

Appellant was accused of the crime of burglary in the second degree by an information filed in the Superior Court of Imperial County. He entered a plea of not guilty, but after a trial by jury was found guilty as charged. He prosecuted this appeal from the judgment pronounced upon him.

The evidence shows that a store in the city of Brawley in Imperial County belonging to a man named Samaba was entered and burglarized some time between the closing hour on the evening of Saturday, August 16, 1930, and its opening hour on the morning of Monday, August 18, 1930. When the store was opened on this latter date the clerk in charge discovered that a considerable quantity of merchandise had been removed. A hole had been cut in the tin ceiling of the storeroom over a show window. There were a number of suitcases piled on top of this show window, which, prior to August 16th, had not been touched or disturbed for a considerable time and upon which had accumulated a quantity of dust. These suitcases had been disturbed by the person making the entry and an examination of them showed finger-marks on one of them. These finger-marks were photographed and compared with the finger-prints of…