Hutchings

Defendants, by indictment of the grand jury, were charged with the larceny of fifty thousand dollars from one Norris. Trainor and Patterson were never apprehended, but Hutchings was tried and convicted. He appeals from the judgment of conviction.

The larceny charged against appellant and his eo-eonspirators was accomplished through trick and device, by means of a fake stock transaction through a fake stock broker’s office. [1] Appellant contends that the evidence fails to support the verdict of guilty, because of the alleged insufficiency of certain testimony introduced for the purpose of showing' that a telephone instrument pretended to have been used by the broker in his office was a dummy, that is, that it was unconnected with wires leading to the outside world. A number of witnesses were called to establish the point, but appellant’s insistence is that the subject was not entirely covered and that a reversal of the judgment on that account must follow. In support of his position appellant relies upon People v. Byrnes, 27 Cal. App. 79 [ 148 Pac. 944 ]. That case was one in which proof of the nonexistence of a certain alleged telephone connection with a telephone exchange was a…