Cahill

The defendant was convicted of the crime of grand larceny under an information charging him with that offense, and he presents this appeal from the judgment of conviction and the order denying him a new trial.

The points urged for a reversal are: 1. That the evidence is insufficient to support the verdict; 2. That the jury received evidence out of court; 3. That the court erroneously permitted proof of another and distinct offense than that charged; 4. That the alleged confession of the accused was not free and voluntary, and that, therefore, evidence thereof was erroneously admitted; 5. That the court erred in excluding certain testimony offered by the defendant.

It appears from the record that on the twenty-ninth day of April, 1909, one H. C. Keyes, a citizen of the city of Sacramento, was the owner of an automobile, which bore the number 320, and on the evening of said day, at about the hour of 9 o ’clock, he drove the machine into a garage in said city to be kept there for the night. On the following morning— April 30th—at about the hour of 9 o’clock, Keyes called at the garage for the machine and it was then discovered that the “auto” was not there, it having been taken…