Muela

This is an appeal from a judgment of conviction of burglary in the second degree.

In an information filed in Los Angeles County on February 3, 1966, defendant was charged with burglarizing Millie’s Cafe on January 7, 1966, and that on or about September 17, 1958, defendant had been convicted of the crime of burglary, a felony, in Los Angeles County and further had been convicted in Los Angeles County on July 30, 1962, of a felony and had served a term therefor in a state prison. Defendant admitted the charged prior convictions and pleaded not guilty. In a jury trial he was found guilty as charged (Pen Code, § 459) and it further was found to be burglary in the second degree. Defendant was sentenced to the state prison. A timely notice of appeal was filed.

A résumé of some of the facts is as follows: On January 7, 1966, Mrs. Laurita, the owner of “Millie’s Cafe” on Santa Monica Boulevard, arrived at the place of business at about 8 a.m. and found that the glass of the front door had been broken out. She entered the cafe and saw what appeared to be bloodstains around the place. She saw also that a metal plate over the coin bag was missing. Cigarette packages which were offered for…