West

By respective counts in an information filed against him, appellant was accused jointly with one Robert K. 'West of two charges of forgery and one charge of grand theft. Appellant admitted the commission of two prior felonies, as alleged in the information, and also admitted the service of penitentiary sentences therefor. Following a jury trial resulting in the conviction of both defendants on all counts and the pronouncement of judgment, defendant Rinehart alone prosecutes this appeal.

Epitomizing the facts most favorable to the prosecution, as we are required to do when the verdict is against appellant, we find in the record testimony that on the evening of October 31, 1938, appellant and his wife appeared in a radio store in the city of Los Angeles, where they examined two radios of different makes and discussed the' relative merits thereof with a salesman, George Myers. Appellant favored one type of radio, while his wife preferred the other model. After about an hour’s discussion with the salesman, appellant and his wife departed, appellant remarking, “We always think it over and we will let you know.” On the afternoon of November 5, about 2 o’clock, appellant reappeared at…