Grahle

Defendant appeals from a judgment of conviction of the crime of receiving stolen property, and from an order denying his motion for a new trial.

The information under which defendant was prosecuted charged “that one John Doe and one Richard Roe on or about the 13th day of November, 1922, . . . did wilfully, unlawfully and feloniously steal, take and carry away ten cartons of cigarettes of the value of six hundred dollars ($600) . . . and of the personal property of the Pacific Electric Railway Company, a corporation; that thereafter, to wit, on or about the 14th day of November, 1922-, . . . the said H. J. Grahle did willfully, unlawfully, knowingly and feloniously . . . buy and receive from the said John Doe and Richard Roe the aforesaid ten cartons of cigarettes, ... he, the said H. J. Grahle, then and there well knowing the same to have been stolen as aforesaid.”

The evidence showed that certain persons named Bird, Monahan and Ketchum, who were switchmen working for the Pacific Electric Railway Company, broke into a box-car about midnight on the night of the 12th or the morning of the 13th of November, 1922, and stole the cigarettes therefrom, which they placed in an empty…