Tucker

Defendant appeals from the judgment entered following a jury trial which resulted in his conviction of the crimes of attempted burglary and violation of section 10851, Vehicle Code (felonious taking of a motor vehicle) .

The evidence supporting the judgment may be summarized as follows: Appellant was positively identified as the man seen attempting to break into a market in the City of Los Angeles. He was apprehended shortly after this attempt had been interrupted. He was discovered hiding on the floor of a stolen vehicle. The owner of this vehicle testified that the tools which were found therein were not his and were not in the car when he had last seen it only a few hours earlier. Appellant admitted a prior conviction of burglary.

By way of defense, appellant testified that he had been drinking on the night in question and that he had gotten into the ear because, in his “drunken state,” he did not feel he “could make it much further.” He denied ownership of the burglar’s tools and denied that he had attempted to rob the market.

One of the arresting officers, however, testified that the vehicle had been “hot wired” and that the engine was still warm when appellant was…