Zimmerman

Information charging crime of receiving stolen property. Verdict of guilty and appeal is from the verdict, judgment, and an order denying defendant’s motion for a new trial.

No appeal lies from the verdict in this state (Pen. Code, sec. 1237), but on the appeal from the judgment and order we may consider the matters here urged as error.

The testimony of the person from whom the goods were received shows that he was a shipping clerk for the corporation whose goods were stolen, but without authority to sell. During the year 1908 he carried away from his employer’s place of business a large number of articles (approximately five hundred) which he sold to defendant in some eight or ten transactions, some of which were had at his own house and some at the house of defendant. These articles were all new, and he sold them to defendant for about twenty per cent of their market value. The last of these transactions, prior to the date of the arrest of defendant, took place on December 14, 1908. On the evening of December 15, 1908, when leaving his employer’s place of business, the witness again took some articles of similar character to those sold to defendant on December 14, 1908 (to…