Cox

As we understand this case, from an inspection of the record and the briefs, the facts are substantially' these: The defendant was charged with the crime of grand larceny. The alleged subject matter of the larceny was a horse, charged in the information to have been stolen in the city and county of San Francisco, and driven through San Mateo and other counties into the county of Santa Cruz. The defendant was found in the latter county in the possession of the horse. He there sold the horse under the name of J. Geary; he requested that the check for the payment of the horse be "made out in that name, gave a receipt in that name, and when he cashed the check he indorsed the name of J. Geary thereon. When arrested he was asked by the party making the arrest if his name was J. Geary, and he said it was. It is an admitted fact in the case that the true name of the defendant is Merton Cox. There" is some evidence in the record as to his conduct and his statements on the night that he arrived in San Jose, and on another night when he arrived at Rockaway Beach in San Mateo County, and that when asked whence he had come and where he was going he said he had been traveling over the greater…