Booker

Defendant Booker, convicted in a jury trial of burglary and grand theft based upon a single incident, appeals from a judgment imposing sentence.

Alvin Hardy was tried jointly with defendant and convicted of grand theft and burglary.

The Evidence

The direct testimony, physical evidence, and inferences reasonably to be drawn therefrom, stated most favorably in support of the judgment, are as follows:

On Tuesday, October 4, 1966, at about 4 p.m., Mrs. Harumi Kanemitsu made some purchases at the Food Value market in Vista, San Diego County. In making payment, she cashed a cheek for $320 and received 15 brand-new $20 federal reserve notes in change. They were part of a bundle of 25 such notes, all numbered in series that had been given by the owner to Glenn A. Winn, the checker clerk at one of the two check stands in the store, while Mrs. Kanemitsu waited to have the check cashed. Winn put the remaining 10 notes into the cash register of the #2 check stand at which he was stationed underneath other $20 notes already there, of which there had been at least $600 in twenties as well as $200 or more in tens.

Following the departure of Mrs. Kanemitsu, the next customer at the #2 check…