Bryant

After a joint nonjury trial, appellant and his codefendant, James Davis, were found guilty of burglary, a felony, committed in violation of Penal Code, section 459. The crime was fixed by the court as second degree. The information, as amended, charged appellant with a prior conviction of felony burglary, which was found by the court to be true. 1 After the complaint was filed and municipal court arraignment held, a preliminary examination took place on October 2, 1967, wherein appellant and Davis were both represented by the public defender. The burglary victim under count I, 2 Mrs. Parks, testified she returned.to her house in Los Angeles the afternoon of July 17, 1967, to find that $400 cash and a watch had been stolen. Louver panes in a kitchen window were found to have been removed. She called the police. It was stipulated (for purposes of the preliminary examination, only) that a qualified officer went that date to the premises and lifted fingerprints from a louver, photographed the same and compared them with exemplar fingerprints of appellant and Davis and had the opinion they were made by these same men.

The superior court trial was held January 3, 1968. Appellant and…