Roldan

The defendant was charged by an information containing two counts of two offenses of burglary, one of them said to have been committed on October 9, 1927, and the other on April 2, 1928. The jury returned a verdict of guilty on both counts and this appeal is prosecuted from the judgment and an order denying defendant’s motion for a new trial.

The principal contention of the appellant is that the evidence is insufficient to support the verdict, necessitating a review thereof. F. E. Allison, a deputy city prosecutor of Los Angeles, occupied room No. 204 at the Alhambra Apartments during the month of October, 1927. Called as a witness, Mir. Allison testified to this fact and said that about 5 o’clock A. M. of a Sunday morning (the exact date being unknown) he was awakened by hearing his door leading into the hallway being shut; that his trousers containing about seventy dollars in money, some keys, and an officer’s badge, were stolen at this time; that the badge which was shown him at the hearing and which, according to other witnesses, had been found in the possession of appellant, was his badge, he being able to identify it by reason of its number and a broken clasp. The owner and…