Fain

The defendants, J. W. Fain and Bennie Bridgeman, were charged with the theft of an automobile, a Ford coupe, the property of R. K. Hamada. Bridgeman entered a plea of guilty and Fain one of not guilty. Fain was duly convicted and his motion for a new trial was denied. He has appealed from the judgment and the order denying a new trial. Appellant’s only contention is that the evidence is insufficient to warrant his conviction.

Hamada testified that he parked the automobile on one of the streets of Sacramento at 9 o’clock in the evening of February 5, 1929, and that when he returned at 10 o’clock the same evening the automobile was gone, and that his regis tration certificate was “on the steering post” in “plain sight, so everybody could see it.”

A police officer of the city of Stockton testified that, in that city, “around 3:30 in the morning” of February 6, 1929, the defendants “were riding along in this Ford coupe and I . . . stopped them. I asked them what they were doing out in that part of town, and they said they were lost. I asked them where they were going, and they said they were going to Los Angeles. ... I asked . . . the driver of the ear . . . what his name was, and…