Isenberg

Defendant was charged jointly with one Robert Gilmore with having committed the crime of grand larceny, the property alleged to have been stolen being a diamond ring of the alleged value of two hundred dollars. The defendants demanded and were accorded separate trials. The jury in the case of "appellant returned a verdict finding the defendant guilty of an attempt to commit the crime of grand larceny. From the judgment as entered upon that verdict, and from an order denying a motion for a new trial, this appeal was taken.

The testimony as given at the trial presented in the main an undisputed statement as to the facts of the occurrence at which it was contended appellant participated in the theft of a diamond ring. Appellant and Gilmore together, in the day time, entered a jewelry store in the city of Los Angeles and after some preliminary talk asked to be shown diamond rings. The salesman took out a tray and exhibited the rings to them and one of the two' men proposed that he make a two dollar deposit on a ninety dollar ring. While this negotiation was going on the salesman discovered that an imitation diamond ring had been placed in the tray instead of the ring containing a…