Fernandez

The defendant appeals from a judgment convicting him of burglary, and from an order denying him a new trial.

1. The testimony of Inez Dominguez, corroborated as it was by the other members of her family, made out a clear case of burglary in the first degree against the defendant, and there is no merit in the contention that the verdict is not supported by the evidence.

2. The defendant urges that instructions offered by him were refused. One of these instructions related to the degree of certainty with which circumstances should be proved and that they should point conclusively to defendant’s guilt; and the other instruction related to the presumption of innocence. The first instruction given to the jury covered the proposition of the presumption of innocence fully and was as favorable to defendant as he had a right to demand. So, too, the required certainty of circumstantial evidence and the law covering that question was clearly and fully stated to the jury. Hence, there was no error in refusing the requested instructions.

3. Complaint is made of some oral expressions of the trial judge in the presence of the jury, to the effect that the testimony of a certain witness…