McClain
People v. McClain
Opinion
Lead Opinion
Houser, J.
Defendant was convicted of the commission of the crime of grand theft. He appeals not only from the judgment, but also from the order denying his motion for a new trial.
The first specification of error to which appellant directs attention is that the evidence adduced on the trial of the action was insufficient to support the verdict. In its nature the evidence presented by the prosecution was entirely circumstantial.
It appears that a part of the property which was stolen included a trunk, a large number of rare coins, a cigarette lighter, a knife, a rosary, six $100 bills, and many articles of wearing apparel, all of which, with the exception of the six $100 bills, were found either in the immediate personal possession of defendant, or hidden in various locations about the premises occupied by him. It was shown that shortly after the theft was committed defendant removed from his then residence to a different place of abode, at which latter place he used an assumed name; that although he had a room within which he might have lodged, at one time he slept in an automobile parked on premises used for the sale of second-hand cars; that defendant made contradictory statements…