Silva

The defendant was by information charged with and by the jury convicted of the crime of grand larceny in the superior court of Sacramento County, and appeals from the judgment and the order denying bim a new trial.

The specific charge stated in the information is that the defendant stole the sum of $480 from one John Glavich, in the city of Sacramento, on the twenty-ninth day of December, 1919.

[1] The principal point upon which the defendant relies for a reversal is that the evidence does not support the verdict, and in the outset it is just as well to announce our conclusion to be, after a careful examination and study of the evidence, that the contention of the defendant that there was not legal justification for his conviction is well taken. The consideration of this point will require rather an extended review herein of the evidence. In doing this, we shall, except in a few instances, narratively state the facts as they were shown by the evidence.

One Lena Casella, a female, was, in the month of December,. 1919, the owner of and conducted a lodging-house at 1017% Second Street, in the city of Sacramento. On the twenty-fourth day of December of said year said John Glayich,…