Linde

This is an appeal by the defendant from a judgment convicting him of the crime of burglary of the second degree. The following facts are pertinent to the appeal: On July 18, 1932, at some time between 7 and 8 o’clock P. M., a garage building owned by the Sierra Talc Company in the town of Keeler, Inyo County, was entered and a number of tires and tubes, together with a small sum of money, were taken from the premises. One Steve Gago was arrested at San Fernando, California, three days after the burglary was committed and most of the stolen property with the exception of the money was found in his possession. He was charged with the crime of burglary, plead guilty, and was sentenced by the court.

After Gago’s arrest and after he had confessed his guilt he implicated the defendant, Lawson Linde, as a participant in the burglary. An information was thereupon filed charging Linde with the crime of burglary. He was arraigned, plead not guilty, was tried before a jury and convicted. Judgment was rendered. A motion for a new trial was made by the defendant and denied. This appeal is from the judgment and from the order denying defendant’s motion for a new trial.

During the trial of…