Groenig

This appeal is from the judgment of conviction of the crime of grand larceny and the order denying defendant’s motion for a new trial. He was charged with the theft of an automobile, alleged to belong to Henry Boehm.

The defendant and his wife agreed to sell the latter’s house and lot to Boehm on the terms set out in the following contract executed by the parties on the day it bears date:

On the same day Boehm’s check was deposited with the bank, together with a letter of instructions reading as follows:

The defendant testified that he delivered the deed, certificate of title, and assignment of the insurance policy to the bank on the nineteenth day of January. The manager of the bank, Mr. Mettler, denied this statement and testified that such papers were not produced by defendant until February 2d. The defendant testified that when he delivered these papers he asked Mettler to give him the $2,000 deposited, but that Mettler refused, saying that “he could not turn that over to me until Mr. Boehm got back. ’ ’

J. H. Boehm testified that the automobile was placed in a garage in Lodi on the day the agreement was executed with instructions to the proprietor thereof to keep it…