Curcio

Victor Albert Curcio appeals from a judgment of conviction entered upon a jury verdict of first degree burglary (Pen. Code, §§ 459 and 460). He admitted four prior felony convictions.

On November 10, 1965, Curcio entered the B.C.A. Distributing Company's San Diego warehouse carrying a cardboard carton, walked upstairs to the second floor display area, and, after about three minutes, came downstairs and left the building, still carrying the carton. The warehouse manager, Jack Wiseman, followed Curcio out of the building and stopped him. Curcio handed the carton to Wiseman, saying: “Take your damn radios.” The carton contained four radios the ■serial numbers and identification marks of which matched those Wiseman discovered missing upon his return to the warehouse.

After handing the carton to Wiseman, Curcio hurriedly walked away. Wiseman followed. When Wiseman got within 3 or 4 feet of Curcio, Curcio stopped, turned toward Wise-man, reached into his right coat pocket and said: 11 Get away from me, [vulgarity], I am going to cut you.” Wiseman backed off, then followed Curcio into a parking lot. At this point, Police Officer Frankson arrived, searched Curcio and found: 1) small…