Brown

This is an appeal from a judgment entered upon a jury’s verdict which found appellant guilty of second degree burglary. No brief has been filed in support of his appeal. At his request an attorney was appointed to represent appellant herein who has informed the court that in his opinion the appeal lacks merit. Thereafter this court made an independent study of the entire record and after such study we agree with appointed counsel. The record discloses one tenable contention of error, but in view of the entire record we have concluded that it is not sufficient to justify a reversal under the constitutional admonition.

At approximately 3 o’clock in the morning of November 18, 1958, the Vallejo police were called to a small restaurant which the owner had closed and locked less than an hour before, taking with him all money, except pennies, which had *534 been in the cash register. The officer who first arrived at the scene apprehended appellant and one Roy Morgan just as they emerged from the burglarized building. Morgan admitted that he had broken into the building for the purpose of committing burglary. He was carrying out a large quantity of coins recovered from pinball and…