Ostrander

Defendant was charged by an information filed by the district attorney of the county of San Diego with having, on or about the twenty-fourth day of April, 1913, in said county, committed the crime of burglary. More particularly stated, the information charged that defendant at the time and place mentioned entered a certain building known as the Z. L. A. C. Rowing Club with intent therein to commit the crime of larceny. A trial was had before a jury and a verdict of guilty of burglary of -the first degree was returned. Defendant thereafter moved that a new trial be granted him upon several grounds, one of which was that the verdict was contrary to the evidence. By a general order the trial judge granted this motion and the people have appealed.

The evidence showed that the defendant was apprehended by an officer immediately after he had removed a pane of-glass from a door of the building of the rowing club and effected an entrance into one of the rooms. It was shown that some person had on several prior occasions broken into the building and into certain lockers used by members of the club, from which various articles were stolen. The defendant on his own behalf offered himself as…