Nichols

The defendant was, by information filed by the district attorney of San Joaquin County, in the superior court thereof, jointly charged with one John Wilson with the crime of burglary. Against him, _as was likewise done as to his codefendant, a prior conviction of burglary was charged in said information. Upon his arraignment he admitted the prior conviction charged in the information, and pleaded not guilty to the crime for which he was informed against. Upon a trial of the charge he was convicted, and it is from the judgment of conviction and the order denying his motion for a new trial that these appeals are prosecuted.

Two points for a reversal are made, viz.: 1. That the evidence does not support the verdict; 2: That the court erred to the prejudice of the accused in one of its instructions.

The crime charged was committed in the city of Stockton, at between 7 and 8 o’clock of the evening of February 26, 1918. The house alleged to have been burglariously entered was, at the time of the commission of the crime, occupied by one W. L. Walker and wife. There were taken from one of the rooms of the. house a suit of underclothes, five or six shirts, a finger ring, a watch, a…