People v. Duarte

WARNE, J. pro tem.*

This is an appeal from an order denying a motion for a new trial and from a judgment *395entered upon a jury’s verdict which found appellant guilty of burglary in the first degree.

One Anthony DiGiorgio, a codefendant, was acquitted.

The record in this ease reveals that sometime during the evening of July 3d and the early morning hours of July 4, 1959, the home of Frank G. Noyes, located at 3131 Browns Valley Road in Napa, was burglarized. Mr. and Mrs. Noyes were away for the weekend, but a housekeeper residing in a cottage separate from the main house remained on the premises.…