Coleman

Defendant was accused of grand theft in that he did unlawfully take tools of a value in excess of $200, which were the property of Willie Smart. In a trial by jury he was found guilty. He was sentenced to imprisonment in the state prison. He appeals from the judgment.

Appellant contends that the evidence was insufficient to support the verdict.

A vacant lot and a shed at 12600 Wilmington Avenue, which formerly had been used as a gasoline service station, were being used by various persons as a place for repairing automobiles. Some of the persons repaired their own automobiles. It seems that Clarence Robinson was regarded as the proprietor or person in charge of the place.

Willie Smart, an automobile mechanic, testified as follows: Before September 19, 1962, he had been at said place repairing a 1956 Ford car. On September 19, about 11 a.m., when he decided to go to Gardena to get a crankshaft, he placed his tools in the trunk at the back of the Ford, locked the trunk and doors of that ear, and put the keys in his pocket. He went to Gardena in another car. When he returned to the Ford about 3 p.m. of that day, and looked in the trunk, the tools were not there. Three drawers of…