People v. Stinson

Defendants Stinson and DeMello were separately charged with second degree burglary (Pen. Code, § 459) in that they entered the Crystal Motel at Red Bluff with the intent to commit theft. Their cases were consolidated for trial, which was held before a jury. Both were convicted and both appeal. DeMello also appeals from an order denying new trial. The order is not appealable but may be reviewed upon the appeal from the judgment. (Pen. Code, § 1237.) Each defendant claims a single, separate ground for reversal of judgment.

Defendants met at a bar in Sacramento on the night of February 5, 1962.…