White

The defendant was convicted of an attempt to commit burglary in the first degree, and appeals from the judgment and from an order denying his motion for a new trial.

His first point is that there was a variance between the proof and the indictment.

1. The indictment charged a burglarious entry of a house situate at Ho. 45 South Park, San Francisco, belonging to John Doe, whose real name is unknown, etc. The evidence showed—or was sufficient at least to sustain a verdict—that defendant attempted in the night *19 time to enter burglariously a vacant dwelling at No. 45 South Park, but that the house was the property of Letitia Bagnall, a woman, and the precise point is that while the indictment charges that the house belonged to some unknown man (John Doe being the name of a man), the proof shows that it belonged to a woman! The mere statement of this point is, we think, a sufficient answer to it.

2. The court denied the request of the defendant to send the jury to view the premises. Whether a view of the premises is proper in any case is a matter resting in the sound discretion of the trial judge, and we do not find in this case the slightest ground for holding that there was any…