Hammond

This is an appeal from a judgment of conviction of the crime of burglary. An information was filed in Los Angeles County on January 18, 1958, charging the defendant with entering the store of Kunin Furniture Company on December 29, 1957, with intent to commit theft therein. The defendant also was charged with four prior felony convictions : the first was for grand theft in December, 1943; the second was for escape from a police officer in August, 1946; the third was for burglary in August, 1946, and the fourth was for burglary in April, 1955. The defendant pleaded not guilty and denied the truth of the allegation of the priors. By stipulation, the cause was submitted on the transcript of the preliminary hearing, each side reserving the right to present further evidence. The matter was heard on April 24, 1958 and May 19, 1958, after two continuances.

The defendant was found guilty as charged, the court fixed the crime as burglary in the second degree and found the prior convictions to be true.

A résumé of the facts is as follows: The Kunin Furniture Company store, located at 4611 South Central Avenue in Los Angeles, was locked up at about 6 to 6:30 o’clock p.m. on Saturday,…