Farrell

The defendants were convicted of the crime of grand larceny. Clayton prosecutes this appeal from the judgment of conviction and the order denying his motion for a new trial. The appellant was represented by an attorney at the trial, but has conducted his own case on appeal. As is usual under súch circumstances, many of his assignments of error relate to matters not appearing in the record and therefore beyond the power of this court to consider.

It is contended that the evidence is not sufficient to warrant a conviction. The defendants were accused of stealing a box of carpenter tools. The owner, who had left the tools in a Sacramento hotel, testified that they had been stolen and were of the value of $150. The proprietor of a second-hand store testified that the defendants appeared at his place of business and attempted to sell him the box of tools for $22; that the box was locked; that the defendants claimed to own the tools and that they had brought them from Stockton; that they said they had lost the key; that they then broke the lock to open the box; that while the tools were being examined a policeman entered, whereupon defendant Farrell “made a rush forward to try to get…