Quintal

After having initiated and caused to be perfected the within appeal from a judgment of conviction of second degree burglary and from an order denying a motion for a new trial, counsel for appellant, to all intents and purposes, abandoned the same, oral argument having been waived and no brief having been filed.

■ An examination of the record shows that the place burglarized was a so-called sandwich shop located at 199 Fremont Street in San Francisco. The glass in the front door had been smashed so as to allow the bolt on the inside to be thrown. According to the testimony given by the police officers who detected the burglary and arrested appellant, two men were seen emerging from the place about midnight, each carrying a sack partly filled with something. When called upon to stop they started to run. A pistol shot was fired at one, and he fell to the street. A shot was then fired at the other, and he dropped the sack, but continued his flight, turning the corner and disappearing from the view of the pursuing officer. The officer then blew his whistle, and appellant was captured by another officer a few blocks from and taken- back to the sandwich shop. In the meantime the other…