Roy

James Johnson and Zedriek Berry Roy, appellant, each were charged by an information as follows: Count I with burglary, on or about April 21, 1961, of the Casa de Conejo housing tract in Newbury Park; Count II with burglary, on or about the same date, of the Casa de Cavalier housing tract in Camarillo; Count III with grand theft of certain plumbing supplies, on or about the same date, from Nat Taylor & Sons Plumbing, Inc.; and in Count IV with the crime of conspiracy, together with one Walter Lee Jackson, to commit burglary and grand theft, on or about the same date. With respect to the count of conspiracy two overt acts were charged, the first by defendant Johnson who on or about that date did go to the Casa de Conejo tract in Newbury Park, and the second by appellant Roy who did go to the Casa de Cavalier tract in Camarillo. Appellant Roy was charged with three prior felony convictions which were admitted.

In a joint trial by jury both defendants were convicted on all counts. Motions for a new trial, were denied. Defendant Johnson appealed, but pursuant to his own motion Ms appeal was dismissed on December 12, 1961. Appellant Roy appeals from the judgment and from the court’s…