White

Defendant-appellant was convicted by a jury on a charge of burglary, second degree, in violation of Penal Code, section 459, after 61 minutes of deliberation. He was represented at the trial by Deputy Public Defender John Carroll.

The evidence at the trial shows generally that about midnight on December 8-9, 1962, Deed’s Jewelry Store in Indio was burglarized and certain items of jewelry were taken. A witness, who was in his place of business across the street from the jewelry store, testified that he heard a crash as though someone had driven through a plate glass window. He saw a man with his hand inside of the window of Deed’s store picking up something. The wife of this witness testified that she saw this and she said that the man then ran down the street toward the First Security Bank. A policeman testified that he saw defendant, whom he recognized, looking in the window next door to the jewelry store about midnight. He then saw the man move over to the display window of Deed’s Jewelry Store.

*843 Another officer (Terry) came upon the scene after the first witness had called the police. He testified that he observed the broken window and that he then started toward Oasis…