Carroll

The defendant was convicted of the crime of grand larceny on an information jointly charging defendant and Walter Flavin and George Armstrong with its commission. He appeals from the judgment of conviction and from the order denying his motion for a new trial. The prosecuting witness was one F. M. Katsura, a Japanese who resided at the city of Fresno.

The attorney-general makes the point that “the appellate record has not been properly perfected and the appeal should be dismissed.” The objections having been removed, it is not necessary to notice them.

Katsura testified that he came to Lathrop on February 23, 1912, on his way to Sacramento, his train arriving at Lathrop at about one o ’clock ?. m. ; that he left his car to take the Sacramento train which was to leave in a few minutes; he hastened to the front of the first car, but there was a crowd of people getting on and, to avoid them, he went back to get in the rear car; that he had a grip or handbag in the right hand and his left hand in his pocket where his purse was; that, as he neared the platform of the car and was about to step on the platform, he took his left hand out of his pocket and used it to hold on his hat as a…