Carnes

The defendant was charged by information with the crime of grand larceny, it being alleged that on or about the twenty-fifth day of October, 1919, he took and drove away a Buick automobile belonging to Charles E. Johnson. He was tried, convicted, and sentenced to imprisonment in the state prison. This appeal is from the judgment of conviction and the order denying defendant’s motion for a new trial.

The first contention made by the defendant is that the evidence is insufficient to warrant the conviction. Johnson, the complaining witness, left his automobile on a street in San Francisco and when he returned about fifteen minutes later it was gone. It was next located by the police in a private garage in San Bruno, San Mateo County, where it had been stored by the defendant. 'He had removed the air-pump and certain other parts, painted over the number of the motor, and removed the license plates. The parts that had been removed were found concealed under the sidewall?. It was proved also that the defendant attempted to procure old automobile license plates, failing in which he tried to borrow plates from a dealer. When arrested, he gave contradictory statements as to how he came…