Lannagan

Two informations were filed by the district attorney of Los Angeles County, charging the defendants in three counts with burglary and in five other counts with robbery. They were tried by a jury and found guilty. The appellant prosecutes this appeal from the judgment and an order denying his motion for a new trial.

But one ground is advanced as a reason for reversal. The counts which charge the defendants with burglary allege in each instance that the entry was made “with the intent then and there to commit the crime of larceny.” The appellant says that “since the crime of burglary may be committed in five distinct ways it cannot be ascertained from the burglary counts which one of these distinct ways was meant.” He also relies upon the case of People v. Myers (Cal. App.), 269 Pac. 693 , as an authority for his position. It is to be noted, however, that in the Myers case the language employed was “with intent then and there to commit the crime of theft. The ruling in that case was based upon the fact that theft may be committed in five different ways and had nothing to do with the definition of larceny other than to point out that larceny had been renamed by statute, and made one…