Parker

Defendantswere charged by an amended information with the crime of burglary, and defendant Parker was charged with a prior conviction of petty theft which he admitted upon his arraignment. The case was tried before a jury which found both defendants guilty of burglary in the second degree on August 25, 1931. Sentences were pronounced upon them on August 28, 1931, and they moved for new trials, which motions were denied. They then asked for probation and a hearing was set for September 11, 1931, when it was denied. Defendants have appealed from the judgments and from the orders denying their motions for new trial. On October 2, 1931, the court amended its judgment as to defendant Parker to recite that on his arraignment said defendant had admitted the previous conviction of petty theft.

As one of the grounds for appeal defendants maintain that the evidence was not sufficient to support the verdicts. In considering this question it is only necessary for us to determine if there is any evidence to support the verdicts. The amended information charges that on or about the twenty-third day of June, 1931, defendants did wilfully, unlawfully and feloniously and burglariously enter a…