Wilder

The defendant was, by an information filed in the superior court in and for the county of Tehama, charged with the crime of grand larceny, in that he unlawfully and feloniously stole and took away from the premises of one J. A. Noble, in said county, thirty chickens, of the “Rhode Island Red” variety or breed, of the alleged value of two dollars _each, or the aggregate value of sixty dollars. The jury found the accused guilty of petit larceny, said crime being comprehended within that specifically charged in the information, and he has appealed from the judgment of conviction and the order 'denying his motion for a new trial.

The case was regularly placed on the calendar of the April, 1921, term of this court for hearing and argument and counsel for the defendant and the attorney-general were duly and regularly notified thereof. On calling the case for argument in the regular order in which it appeared on the calendar, there was no appearance for the defendant, and, therefore, no oral argument in support of his appeal made to or before the court; nor has there been any brief filed in behalf of the accused. This being the state of the ease when called for hearing, the same, upon…