Bernal

This is an appeal by defendant from a judgment of conviction of burglary, second degree (Pen. Code, § 459.)

Facts

There is no substantial dispute as to the physical facts. Only inferences and evidence of knowledge and intent are in possible conflict. During the evening of October 22, 1961, appellant and one Richard Prank White were patrons of the Goldstone Bar, Barstow, California. Some time during the evening, White unscrewed the screws on the inside of the back door latch or lock. He did not tell appellant of this but claims that some two weeks previously he had proposed to her that they burglarize the Goldstone and that she agreed. He testified that he also talked to her about it an hour or so previous to the burglary but that she seemed pretty drunk and he told her to go home but she insisted on going with him and he consented. She denies such conversations or knowledge and denies intent to steal at the time of entry.

During the evening both had a large number of drinks of an alcoholic beverage made of one ounce of gin to a glass of grapefruit juice. The bartender estimated 12 to 17 drinks *407 apiece until they left at 12 midnight. They claim they went then to a bar called…