Hall

In two informations which were consolidated for trial, Donald Lawrence Hall and Fred Knowles Holzer were charged with the commission of six felonies, consisting of three burglaries (Dervin, Ashton, Anderson), one attempted burglary and two counts of receiving property which had been stolen from Ashton and Anderson. It was also alleged that Hall had suffered a previous felony conviction of burglary. In a court trial, Hall was found guilty of *390 the three burglary counts and not guilty of the others. The court found the prior to be true; Hall’s motion for new trial was denied; probation upon the prior conviction was revoked; and Hall was sentenced to state prison. He appeals from the judgment, the denial of his new trial motion and the order revoking probation.

There was evidence of the following facts. On November 12, 1958, the home of Bobert Anderson was burglarized and numerous items of clothing were stolen, including a red sport shirt and a hand-made tie clasp which were subsequently retrieved from the apartment where appellant testified that he lived with his codefendant Fred Holzer. On January 28, 1959, burglaries were committed in the homes of Mrs. Catherine Dervin and…