Mims

Hiram Mims was charged with having feloniously taken a wallet from Helen Henry on March 11, 1957, and with two prior convictions. He pleaded not guilty to the grand theft charge and denied the priors. He was found guilty of grand theft, and the jury also found that he had suffered the priors. Judgment was entered accordingly. He appeals from the judgment and from the order denying his motion for a new trial.

Defendant does not directly attack the sufficiency of the evidence which is ample to sustain the finding of guilt. Mrs. Henry testified that on March 11, 1957, at between 3 and 3:30 p. m. when she boarded a McAllister Street bus, at Fillmore Street, and as she was going to her seat, she was bumped by the defendant. As she started to fall backwards she noticed that her purse was open and she saw defendant’s hand come out of her purse with her wallet which contained $33 and some personal papers. Defendant tried to get off the bus but Mrs. Henry grabbed his coat and accused him of stealing her wallet. The defendant hit and kicked her and denied the accusation. Also on the bus was Richard Evans, a reserve police officer of the San Francisco Police Department, who approached Mrs.…