Flannery

Defendant was convicted of the crime of grand' larceny, and appeals from the judgment and the order denying his motion for a new trial.

He was charged with stealing a diamond pin from the-person of Walter N. Kelly. The only grounds urged for a reversal are that the evidence is insufficient to justify the verdict, and that the court erred in allowing the deposition of one L. R. Sargent, taken at the examination of the defendant before the committing magistrate, to be read at the trial. The evidence in the record strongly tends to show that defendant stole the diamond pin from Kelly. Kelly and his-friend, Lieutenant L. R. Sargent, were returning from a visit to the U. S. Steamship “New York,” and boarded a car of' the Sutter street line. Kelly took a position on the front platform with his back to the front door. When near Powell street defendant and three other men got on the car, which was then quite crowded. Defendant took a position directly in front of Kelly, and placed his left arm, upon which he carried an overcoat, against Kelly’s breast, and kept it there until the car approached Taylor street, when he said: “Excuse me, I will go inside,” and passed into the-car. Kelly at…