Conerly

In an amended information filed by the district attorney of Los Angeles County, defendants were jointly charged in Count I with the crime of burglary (Pen. Code, § 459) in that on or about May 2, 1957, in Los Angeles County, they entered the clothing store of Hubert Ewart and Robert Ewart with intent to commit theft. Count II charged the crime of grand theft (Pen. Code, § 487, subd. 1) in that on or about May 2, 1957, in the County of Los Angeles, they feloniously took certain men’s suits of the value of $15,000, belonging to Hubert Ewart and Robert Ewart.

As to defendant Hilton it was also charged that he had previously been convicted of three felonies in the courts of this state, viz., manslaughter, violation of Vehicle Code, section 503, and receiving stolen property. These prior convictions were admitted. Defendants pleaded not guilty. Tried by a jury, they were convicted of burglary as charged in Count I, which the jury found to be burglary of the first degree. They were acquitted of the offense of grand theft as charged in Count II. Their motion for a new trial was denied, but the court reduced the degree of the burglary from first to second degree. Defendants were…