Nowak

The appellants and one Max Fensbi were jointly charged by information with having committed the crime of burglary in the county of Los Angeles on or about the twenty-sixth day of February, 1925. Appellants were convicted of burglary in the second degree, but the jury failed to agree upon a verdict as to the defendant Fenski. A motion for new trial was presented in behalf of the former, which was denied, and they appeal from the order of the trial court upon such motion, and from the judgment.

The principal ground urged for reversal is an alleged insufficiency of evidence to sustain the verdict and judgment as to each appellant.

The testimony offered by the People was substantially as follows: Shortly after midnight of February 26, 1925, Police Officer Kunzman of the city of San Fernando while making his rounds, discovered a man who gave the name of Charles Larkin when arrested, but who thereafter proved to be Frank J. Nowak, one of the appellants above named, emerging from a window of the Studebaker salesroom and shops, in the Studebaker Building, at the corner of Celis Avenue and Brand Boulevard, in said city. Kunzman observed Nowak go to the sidewalk, stop, look, then return…