Lodge

Appellant was convicted of petty theft with a prior felony conviction, to wit: burglary, in violation of section 667 of the Penal Code. He has appealed from the judgment.

In seeking a reversal he makes two contentions: (1) the evidence is insufficient to establish his guilt of petty theft; and (2) the evidence is insufficient to show that he had suffered a prior felony conviction.

On January 9, 1962, appellant and his codefendant, Ferguson, * were in the Broadway Department Store located at 8739 Sepulveda Boulevard in the Westchester area of Los Angeles. They were under the surveillance of Max Dunn, assistant store manager, and Jacqueline Duffy of the Broadway protection staff, for quite some time. The defendants were first observed in the men’s suit department of the store. They later proceeded together to the opposite side of the store which is the women’s suit and coat department. At that time they stopped, engaged in a conversation with each other, and after a moment, turned around and proceeded back into the main part of the store. They then crossed over to the north side of the store which is the location of the appliance, radio and TV department. This department is on the…