Plummer

The defendant was charged with the crime of burglary and with a prior conviction of the crime of rape. He entered a plea of not guilty but admitted the prior conviction. He was convicted of burglary in the second degree. This is an appeal from the judgment and the order denying a new trial.

The appellant contends that the evidence is insufficient to justify his conviction. He resided with his mother in the town of Columbia, Tuolumne County. George Wilson, whose wife is a sister of the defendant, resided in the same town. Leo Pense, also a resident of the town, is an acquaintance of the defendant of long standing. Pietro Sanguinetti owns a two-room house about three-fourths of a mile from the town. The house contained some clothing, canned goods and other articles, but was unoccupied by any person. February 17, 1929, some person broke into this house and stole the canned goods, some clothing and other property stored therein. February 19th the defendant went to Murphys, - in Cala veras County, looking for work. He walked a part of the way and was then given a ride for the remainder of the trip by Wilson, with whom were Pense and others. If the testimony of Wilson and Pense is…