Roderiquez

Defendants were jointly prosecuted upon an information charging them with the crime of burglary. Prom a judgment based upon a verdict of guilty, and from an order denying a new trial, defendants jointly appeal.

The evidence presented by the state tended to show that a barn belonging to one Goode, located near Bakersfield, was burglarized and a set of harness stolen therefrom. The following morning Goode and an officer discovered that whoever committed the crime had used a small wagon in removing the stolen articles. This wagon was traced from the barn, as were the tracks of a single individual, who evidently propelled the wagon, to a point near what is denominated a shack occupied by defendant Roderiquez and a woman, and from this wagon to such shack surface markings upon the ground indicated that something had been dragged from the wagon along the ground to the shack. Outside of this shack, lying upon the ground, Goode and the officer found defendant Morano. Upon inquiry, he disclaimed any knowledge of the taking of the harness or of its whereabouts. He, however, was taken in charge by one of the parties, and Goode proceeded to call to his assistance the sheriff of the county.…