People v. Owens

Under an information setting forth two counts of burglary and upon a plea of not guilty entered, defendant was convicted of burglary in the second degree, after a trial before a jury. A charge of a prior felony conviction and service of a term of imprisonment thereunder, was set forth in the information and was admitted at the trial.

Count one charges that on August 22, 1946, defendant entered a drug store in Ontario. Count two charges that on the same date he entered a cafe near that place with intent to commit the crime of theft.

Defendant and appellant first claims that the evidence is…