Skipper

Clifford Purvis Andrews and the appellant Skipper were accused of the crimes of grand theft and burglary. Skipper has appealed from a judgment of conviction of petty theft and burglary and from the denial of his motion for a new trial.

The contentions of the appellant relate to the propriety of the admission of certain evidence and of statements made by the assistant district attorney in his arguments to the jury. Pertinent portions of the record will be set forth or summarized herein.

Henry Graham was a coowner of a business in Carpintería *208 known as Coastal Liquors. He testified that while he was in his store on December 18, 1959, the appellant entered. No other person was present. The appellant removed a bottle of soda from a cooler and took it to the counter. Mr. Graham asked him if there was anything else he wanted; the appellant answered that there was not. Mr. Graham recorded the sale on the cash register and reached for a half-dollar which the appellant had in his hand. Thereupon the appellant said, “Just a minute. I want some candy.” The cash drawer was then open; therein was a substantial sum of money including about thirty-five $10 bills. Leaving the drawer open,…