Bonilla

The information in this case charged the defendant with burglary, alleging that he wil fully and unlawfully entered a shop known as Cornwell’s Tire Service, on the Corona-Elsinore Road in Riverside County, with intent then and there and therein to commit the crime of larceny. Two other counts set forth in the information were dismissed prior to trial and are not involved in this appeal.

The evidence produced on behalf of the prosecution discloses that Thomas G. Cornwell was the owner of a service station and tire shop near Elsinore in Riverside County. He locked the doors and windows of his place of business about midnight on June 16, 1931. Upon returning the following morning he found a window broken, that the front windows had been unlocked and propped open, and that about $400 worth of tires had been taken.

One Joe Johnson, an admitted accomplice, testified, after the establishing of the foregoing facts, that he had met the ' defendant in Corona in Riverside County several days prior to the burglary of the service station and that they had talked of “knocking over a job”. Present at this conversation, and later an accomplice of Johnson and defendant in the service station…