Jennerjohn

Appellant was charged with the crime of grand theft, to wit: Stealing an automobile, in count one of the information, and with violation of section 146 of the California Vehicle Act, under a second count. The second count was dismissed but appellant was convicted under the first count by trial without a jury. From this judgment he appeals, assigning but one ground of appeal, to wit: The insufficiency of the evidence to sustain the judgment.

The evidence showed that on or about the nineteenth day of January, 1931, the prosecuting witness, Francisco Ledesma, parked his Ford touring ear at Ninth and Soto Streets, in the city of Los Angeles, at about 9:30 in the morning; he was away from it for about five minutes, and upon his return found it was gone; the car was found by police officer Bradley in an open field about 11 A. M. of the same day, Avith the defendant standing beside the automobile. The police officer testified that the spare tire was on the ground, the battery out of its container, the carburetor removed from the motor and lying on the running-board, gasoline was spilled on the running-board, a couple of wrenches and a pair of pliers were lying on the running-board, and…