Edwards

The defendant was convicted of the crime of attempt to commit larceny alleged to have occurred on the fourteenth day of July, 1926, in the county of Sacramento. This appeal is from the order denying his motion for a new trial and judgment of conviction entered in said cause. The appeal is based upon insufficiency of the evidence.

The record shows the following facts: That on or about the fourteenth day of July, 1926, one Dudley Belchamber, the owner of a certain Buick roadster automobile, parked the same on Ninth Street, between H and I, at about 8:30 o’clock A. M.; that he returned to the place where the automobile was parked shortly after 1 o’clock on the same day, and upon inspection of the machine, found that the switch lever had been tampered with, that there were marks thereon which, apparently, had been made by some instrument. ■ The marks were similar to' such as would be made by pliers. Mr. Belchamber, after finding his automobile in this condition, went to see his brother, who was in business a short distance from where the car was parked. About five minutes later, upon returning to the automobile, he found the defendant sitting therein behind the steering wheel. Mr.…