Rodgers

The defendant was convicted in the superior court of Merced County of the crime of burglary of the second degree. (Pen. Code, sec. 460, subd. 2.) The appeals here presented by him are from the judgment of conviction and the order denying his motion for a new trial.

The only point urged by the defendant for a reversal is that the verdict is not supported by any evidence introduced by the People, in that there is no evidence tending to connect him with the commission of the crime except the uncorroborated testimony of an accomplice.

The crime charged in the information was committed “on or about” Saturday, the twenty-first day of April, 1928, in the town of Dos Palos, in Merced County, at some time between, approximately, the hour of 8 P. M. of the day named and the early morning of the following day, which, of course, was Sunday. The building entered was occupied by a general merchandise store of which one E. T. Stewart was the owner.

It appears from the testimony of said Stewart that, either on Saturday, the 21st of April, or the preceding day (Friday) and prior to the usual time for closing the store for the day, the defendant, accompanied by a boy of the age of fifteen years,…