Gibson

Defendant and one Hazel Spaney were jointly charged with burglary, alleged to have been committed by them on May 23, 1929, in entering a store with intent to steal merchandise therein. During the trial, said Spaney withdrew her plea of “not guilty” and entered a plea of “guilty.” The trial continued as to appellant Gibson and resulted in a conviction of burglary of the second degree. After denial of motion for new trial, appellant was sentenced to imprisonment for the period prescribed by law, and her appeal is from the order denying her motion for new trial and from the judgment.

P. H. Leslie, a witness called by the prosecution, testified that he saw appellant entering the Paris store around two o’clock P. M., on May 23, 1929; that he recognized her and followed her; that she was alone; that she went to the third floor of the store, walked around and inspected various merchandise and then went out of the store and around to Sixth -Street where she met her co-defendant Hazel Spaney. The latter was then in an automobile which was parked at the curb; that appellant and Hazel Spaney to gether then entered the Paris store and went to the third floor, where appellant rolled up a…