Tolli

The defendant was charged by an information filed in the superior court of the city and county of San Francisco with the crime of burglary. On the trial he was convicted of burglary in the first degree, and from the judgment entered an appeal was taken to this court.

The evidence shows that the defendant was apprehended in a hardware store in San Francisco while attempting to open a safe with an electric drill. Another safe in the same premises had been previously opened with a drill, and a money box removed therefrom, which was placed near the rear entrance to the store. It was further shown that the defendant was armed with a loaded revolver and that the door of the storeroom had been forced, a padlock thereon broken and the door lifted from the rolls sufficiently to effect an entrance into the building.

It is claimed that the trial court erred in giving and in its refusal to give certain instructions to the jury and that the judgment for this reason should be reversed.

Appellant complains that the following instruction was refused: “You are instructed that no larceny can be committed unless there is an asportation, that is, a taking and carrying away of personal property not…