Lang

Defendant was convicted of burglary in the second degree and sentenced to the state prison for a term of five years. He appeals from the judgment and an order denying his motion for a new trial.

Several points are made for a reversal of the judgment, mostly based upon objections to the charge of the court.

1. The evidence of the prosecution tended to show that the burglary with which defendant was charged was committed by entering a dwelling-house at 419 .Baker street, in the city of San Francisco, on the eleventh day of June, 1893, between the hours of 11 A. M. and 5 p. m. The defendant’s main defense was an alibi. He testified that he did not commit the burglary; that he did not enter the house; was never near it in his life. He said: “I remember Sunday, the 11th of June last. I was at Mr. Carr’s place. He keeps a saloon at the end of the Sutter street road, right at the corner. *365 I went there between 8 and 9 o’clock Sunday morning, June 11th, and remained there until Monday about 12 o’clock. About 9 o’clock Sunday evening Mr. Carr asked me to come down town with him; he had a trotting horse. We went down town, and they were building a line at the time at Fifth and Mission,…