Sugarman

The appellant Sugarman and one Harry Berman were charged by two counts of an information filed by the district attorney of Los Angeles County with burglariously entering a store and building in the city of Los Angeles, and with having on the same date committed grand larceny therein. Appellant Passarello was likewise charged with burglary and grand larceny upon the same premises, on the same date. The cases were consolidated and tried together in the superior court and the appellants were convicted upon each charge. This is an appeal by Sugarman and Passarello from the respective judgments and orders denying their motions for a new trial.

A witness for the People, by the name of Sam Geller, testified upon the trial that on March 31, 1925, his tailor-shop at 4415 Central Avenue, in Los Angeles, was entered, and that trousers and bolts of cloth of a value of about $1,200 were stolen; that portions of the rear door were broken off, and that the lock with which he had previously fastened the door had been removed; that he thereafter identified all of his stolen property at the preliminary examination of the defendants. This witness further testified that the defendant Berman lived…