Coomer

By information, defendants were charged with willfully and unlawfully entering a warehouse in the city of Marysville with the intent to commit theft (Penal Code, § 459). They have appealed from the judgment of conviction, which was entered pursuant to the verdict of the jury finding them guilty of burglary in the second degree. At defendants’ request, counsel was appointed to assist them on appeal. Counsel so appointed has filed a statement with the court wherein he exhaustively discussed the entire record. Our independent research compels concurrence with the conclusion of counsel that the appeals are without merit.

A summary of the evidence shows that on the morning of January 9, 1960, at about 1 a. m., as Officers Bae and Etchegoin of the Marysville Police Department were driving past a produce warehouse of the Bert McDowell Company, they noticed that the night light was off in the office of that building. After stopping their vehicle and while watching the entrance, they saw a man walk up the loading ramp and enter the door. The light went on in the office for a few seconds and was immediately turned off. They then saw three men run out of the entrance and disappear between…