Scanlon

The defendant and one Castro were tried jointly on an information charging them with an attempt to commit grand larceny. Both were convicted and Scanlon has appealed from the judgment and from the order denying his motion for a new trial. The record is prepared under section 953a of the Code of Civil Procedure.

The two defendants were seen by two police officers on Mission Street at about 8:15 P. M., acting in a suspicious manner; and were followed by the officers as they walked along the north side of Mission Street, going east. The defendants passed one Donnelly, who was lying on the sidewalk badly under the influence of liquor; they continued easterly for about fifty feet, then turned back and while the defendant Scanlon held Donnelly in an upright position Castro went through his pockets. The defendants then left Donnelly where they found him and walked directly across the street, where the police officers placed them under arrest. The officers searched both defendants and found $2.50 in the pockets of Castro.

Upon the trial the defendant Castro did not take the stand, but the defendant Scanlon testified that he was not on the north side of Mission Street on the night in…