People v. Kelly

The defendant was charged in an information filed by the district attorney of San Diego County with the crime of burglary, to which charge he pleaded not guilty and also entered a plea of once in jeopardy, in that he had theretofore been tried for the same offense in the superior court of that county. A jury found the defendant guilty of burglary in the second degree and returned a verdict for the People on the plea of once in jeopardy. Prom the ensuing judgment and from an order denying his motion for a new trial, this appeal is taken.

The only point raised by appellant is that the evidence…