Slepnikoff

Appellant, together with two co-defendants, Nick Boreoffi and William Durakoff, were charged in a joint information with the commission of the crime of burglary. The offense was alleged to have been perpetrated in a building located at 1161 Mission Street, San Francisco, commonly known as the Beecher Furniture Company. Appellant, together with the other defendants, pleaded not guilty. After trial, the jury returned a verdict of guilty as to all the defendants. Appellant made a motion for a new trial, which was denied. The appeal is from the judgment and order.

It appeared in evidence that about 8:30 o’clock in the evening of December 9, 1928, a watchman employed in the building heard a sound, and upon investigation saw three persons, one of whom was- appellant, make their way to the office where a vault and safe were located. He immediately left the establishment and telephoned the police. Two officers responded to his call. They examined the vault and noticed that the combination had been knocked off and the safe broken open. A noise was heard on the stairway leading to the roof. The police were again phoned to for assistance and other officers arrived and the building was…