Carter

Defendant was charged with the offense of burglary and was thereon tried and convicted of burglary in the second degree. He moved for a new trial, which motion was denied and he was sentenced to imprisonment in the state prison. He now prosecutes this appeal from the judgment and the order denying a new trial.

At about 11 o’clock in the evening a police officer apprehended defendant in a building occupied by an automobile agency, and upon being questioned by the officer, defendant stated he was in need of money and “thought he could get some out of the cash register”. At the time of his arrest he was wearing gloves, had a flashlight, numerous keys and a lock pick in his possession.

This appeal is based upon two assignments of error; first, that the evidence is insufficient to prove the corpus delicti, and therefore the admissions of the defendant were not admissible, and, secondly, the judgment was not pronounced within the time provided by law.

Burglary is the entry of a building with, intent to commit grand or petit larceny or any felony. Appellant contends there was no proof of any intent to commit any of the offenses mentioned in the section save and except that shown by…