Alvarez

In a non jury trial the defendant was adjudged guilty of burglary of the second degree. An allegation that he had been convicted in 1958 of forgery, a felony, was found to be true. He appeals from the judgment and the order denying his motion for a new trial.

A burglary was committed at the home of Mrs. Delgado, at 120 West Avenue 28 in Los Angeles, on December 15, 1962, between 4 p.m. and 7 p.m. The back window screen was torn *749 and the latch had been pulled off the door. Her television and her Christmas gifts had been stolen, closets had been opened, and various articles in the house had been thrown on the floor.

Mrs. Delgado testified that: The next morning, when she went into her back yard, she saw tennis-shoe footprints in a dirt or sand area by the side of her house. On the other side of the yard fence, that is, in her neighbor’s back yard, she saw the same kind of footprints in dirt or sand, which prints were “going” both ways—toward her house and away from it. The neighboring property is a two-story apartment building—with one apartment downstairs and one upstairs. She (witness) saw similar footprints in the dust on the outside stairway leading to the back door of the…