People v. Berry

—This is an appeal from a judgment of conviction of burglary.

Appellant was originally charged with burglary with explosives (Pen. Code, § 464) but following the preliminary hearing the information was amended to charge him in a second count with burglary. The case was submitted on the transcript of the preliminary hearing augmented by further testimony by stipulation. The court found appellant guilty of burglary, dismissed the first count, denied probation, and sentenced appellant to state prison for the term prescribed by law.

There is no merit to appellant’s contentions that he was arrested…