Chung

Defendant was charged with burglary (§ 459, Pen. Code) and two prior felony convictions (sale of heroin and robbery) for which he served terms of imprisonment. A jury returned a verdict of guilty of second degree burglary and found the alleged priors to be true. Defendant appeals from the judgment.

Around midnight on March 9, 1967, a clerk locked the premises of a liquor store and set a silent burglary alarm; he *9 left nickels, pennies and a wrist watch in the cash register. Around 2:50 a.m. pursuant to a radio call from a silent burglary alarm, Officers Petroski and Whitaker proceeded to the liquor store. Officer Petroski walked up to the side of the plate glass window and looked inside; he saw defendant standing behind the cash register looking straight down at the cash drawer. The officers drew their revolvers and tapped on the glass window; defendant looked up, turned slowly and walked hurriedly toward the rear of the store, then ran from the building; the officers took chase. Officer Petroski ordered defendant to halt but he continued to run and the officer fired one shot missing him. Defendant dove into a junked van. Officer Whitaker opened the rear door and saw defendant…