Warner

Defendant appeals from a judgment entered on a jury verdict finding him guilty of burglary in the second degree. The only contentions on appeal are that (1) the district attorney at the trial committed prejudicial misconduct in commenting on a question asked of the defendant by his own counsel; (2) the trial court erroneously admitted evidence relating to similar offenses. There is no merit in either of these contentions.

The record reveals the following facts: In February 1959, the appellant lived with one Joe Potter, in apartment Number 3 at 1223-34th Street in Oakland. The complaining witness, Lola Nolan, lived directly across the hall from apartment Number 3. On previous occasions, Mrs. Nolan had given the defendant permission to watch television in her apartment. On the evening of February 6, she asked the defendant to leave before midnight so she could go to sleep. When the defendant left, he was somewhat angry.

The next morning, February 7, Mrs. Nolan left her apartment about 7 a.m. and locked the front door; the back door of the apartment was locked by a slide lock on the inside. When she left, the television set was in the apartment. When Mrs. Nolan returned about 1:30…