Barnes

The information charged that the defendant, having first stolen a Ford touring car at Tia Juana, Lower California, Mexico, the same being the personal property of one M. L. McKelvey, brought the same into the county of San Diego, state of California. The described offense is a felony. (Pen. Code, sees. 27 and 497.) Having been convicted of this offense, defendant was sentenced to imprisonment in the state prison, and now appeals from the judgment.

The evidence establishes the following facts: Mrs. Mc-Kelvey, owner of the car, permitted her son to drive the car, and he went with it to Tia Juana. He saw the defendant standing near the place where he parked the car. When McKelvey returned for the car it had disappeared. This was on the twenty-seventh day of July, 1921. The car was a touring car, model 1920, and carried the license number 369341. On the next following day appellant arrived at the home of one F. J. Knight, in the county of San Diego, driving a late model Ford touring car, and remained there about four days. There is no further direct identification of the car that was in his possession at that time. On the nineteenth day of August appellant came to the place of…