Froehlich

The appellant with two others, Clyde T. Phillips and Charles E. King, were charged with the crime of grand larceny in the theft of an automobile. The defendant Froehlich was separately tried. He was convicted by a jury and from a judgment sentencing him to imprisonment in the state’s prison and an order denying a motion for a new trial, an appeal has been taken. The automobile, which the appellant was charged with stealing, was owned by W. F. Wickham and was left by him standing in front of the Hot Springs Hotel at Paso Robles, San Luis Obispo County, at about half-past 9 o’clock of the evening of February 2, 1923. In about fifteen minutes thereafter the owner returned to the place where he had left his machine and it was gone. It was found at about half-past 7 o’clock on the night of February 4, 1923, in the city of Los Angeles, at which time it was being driven by the defendant Phillips, who, with the appellant and defendant King, was riding in the front seat of the machine. The three defendants were taken in custody by the police of the city of Los Angeles and thereafter turned over to the authorities of San Luis Obispo County.

The car was a new one and bore no number plates,…