Ewing

The defendant, appellant herein, was charged with the offense of burglary, i.e., a violation of Penal Code, section 459, and with five previous felony convictions; admitted the previous convictions; pleaded not guilty to the burglary charge; was tried by a jury therefor; was convicted of burglary in the second degree; moved for a new trial, which was denied; and was sentenced to imprisonment in the state *366 prison. Judgment was pronounced on September 23, 1960; made no determination as to whether the sentence imposed should run concurrently or consecutively with any prior in-completed sentence; and on November 1, 1960, was amended nunc pro tunc so as to provide that the sentence thereby imposed should run consecutively with any previously imposed sentence.

The defendant appeals from the judgment contending that: (1) the evidence is not sufficient to sustain the verdict; (2) the court was biased against him; (3) he received only token representation from his counsel; (4) he was a victim of an unlawful search and seizure; (5) error was committed when the testimony of a witness was not read to the jury as requested; (6) the jury was improperly instructed; and (7) the court erred…