Blackwell

This is an appeal from a judgment of conviction of second degree burglary and an attempted appeal from an order denying a motion for a new trial.

In an information filed in Los Angeles on March 21, 1966, Buhe Marvin Blackwell and James Marion Beed were jointly charged in count I with burglarizing a building occupied by Clanton Block Corporation on or about March 1, 1966, and in count II with burglarizing a building occupied by M. W. Concrete Company and Ladd Beady-Mix Concrete Company on or about March 1, 1966. Blackwell was further charged with six prior felony convictions; (1) in Texas in 1927 a burglary conviction, (2) in Texas in 1932 a conviction for arson, (3) in Texas in 1935 a conviction for burglary, (4) in Texas a 1940 conviction for burglary, (5) in California a 1948 conviction for burglary, and (6) in California a 1957 conviction for forgery. Each defendant entered a plea of not guilty and Blackwell denied the prior convictions. By stipulation the cause was submitted upon the testimony contained in the transcript of the proceedings had at the preliminary hearing with each side reserving the right to offer additional evidence. Further, the exhibits received at the…