Barrios

The defendant and M. Jiminez, Ignacio Blanco, and Jacinto Tappio were jointly charged with burglary “in the night-time” of the merchandise store of L. A. Reid, at Atwater, in Merced County. The information charges, in appropriate language, that the alleged entry by the defendants was made with intent to commit grand larceny and then, in the same count, it is averred that the defendants “did then and there take, steal and carry away from said store goods, wares and merchandise belonging to said L. A. Reid of the value of eleven hundred dollars.” Jiminez entered a plea of guilty. The defendant and Blanco and Tappio demurred to the information on the ground, among others, that it charges more than one offense in a single count. The demurrer was overruled. Blanco and Tappio were tried jointly and acquitted. Thereafter the defendant Barrios was tried and convicted of “burglary in the first degree.” The defendant duly moved in arrest of judgment and for a new trial, both of which motions were denied.

On his appeal defendant assigns many alleged errors.

[1] The information charged larceny in the same count. with the charge of burglary. No confusion of issues at the trial resulted from…