Duarte

This is an appeal from an order denying a motion for a new trial and from a judgment *395 entered upon a jury’s verdict which found appellant guilty of burglary in the first degree.

One Anthony DiGiorgio, a codefendant, was acquitted.

The record in this ease reveals that sometime during the evening of July 3d and the early morning hours of July 4, 1959, the home of Frank G. Noyes, located at 3131 Browns Valley Road in Napa, was burglarized. Mr. and Mrs. Noyes were away for the weekend, but a housekeeper residing in a cottage separate from the main house remained on the premises. On the morning of July 4, 1959, the housekeeper discovered that her employers’ safe, usually kept in a closet of the main house, had been moved from its usual spot and had been broken open. The contents were removed. Among the articles taken in the burglary was a red leather jewel box with a monogram on it which had been located in the safe at the time in question. The red leather jewel box contained Mrs. Noyes’ jewelry Avhich was valued for insurance purposes at $40,000.

Also taken from the safe in the burglary were some gold coins, including some small pieces perforated or pierced to hang on a chain…