Blair

Appellant, together with one Stalker, was charged with the crime of burglary. The information, which was in two counts, charged that appellant and Stalker entered a store upon two separate occasions, and took therefrom certain automobile accessories. Stalker plead guilty to one of the counts in the information, and appellant entered a plea of not guilty to both counts and was placed on trial. A verdict of guilty upon both counts was found by the jury. Appellant’s motion for a new trial was denied, and he appeals from the judgment entered against him and from the order denying his motion for a new trial.

From the evidence it appears that appellant was a special police officer in the city of Glendale, and was employed by a so-called merchants’ patrol system in that city in the protection of stores and other places of business. Appellant’s co-defendant Stalker was a police officer of the city of Glendale. There was, within the territory assigned to the defendants to patrol, a store for the sale of automobile accessories. There is no question that upon two occasions, in the nighttime, and while defendants were patrolling their assigned territory, they entered this store. The…