Brown

This is an appeal from a judgment of conviction of grand larceny, and from an order denying the defendant a new trial.

The appellant contends that the evidence is insufficient to justify a verdict of conviction under section 484 of the Penal Code. It is true that the evidence is wholly circumstantial, but it shows in substance the following state of facts: One Valentine Koch was on January 21, 1915, and thereafter the owner of a store in San Jose, selling and having in stock a lot of buggy and automobiles robes. On the evening of that day one of his employees closed and locked the store as usual about a quarter to 6 o ’clock. On the following morning when he opened up the store he noticed that a window in the back of the store opening into a rear yard had been broken open during the night. He reported this to the proprietor’s son, Bert. Koch, who presently went into the back yard to investigate the matter. While there the defendant came into this yard from a rear window of a saloon also opening into it, and going over to where a bundle was lying near the broken widow, started to pick it up. This bundle was afterward found to contain one of the buggy robes which .had been taken…