Jones

The defendant was charged with the crime of burglary and the jury found him guilty of burglary in the first degree. He appeals from the judgment and order denying his motion for a new trial. The salient facts in the ease are that on the night of October 27, 1925, a freight train of the Sacramento Northern Railroad Company was standing in the yard of that company at Marysville; the rear ear of the train was a caboose, within which the train crew kept certain personal effects in lockers. The train crew, consisting of two men, had locked the caboose and gone to the depot. Thereafter, one A. H. Hale, a railroad detective, arrested the defendant and marched him down the track toward the depot. The two members of the train crew testified that the defendant had in his possession when they met him in custody of Hale, the detective, certain personal property belonging to one or the other of them which they had left in the caboose, and that they thereafter went back to the caboose and found a looker broken.

The defendant urges several grounds for reversal, and we have carefully examined each of them; we do not think they merit detailed consideration other than the one ground, which we will…