Swoape

On an information which charged R. L. Swoape, William F. Patterson, and Charles Slack with the crime of grand larceny, the defendants Patterson and Slack were convicted. Each of them appeals from the judgment and from the order denying his motion for a new trial.

At the outset it is urged by appellant Slack that he is entitled to a new trial for the reason that by the order of the trial court he was denied a separate trial from his co-defendants. By the information all the defendants were charged jointly with the commission of the offense, and in such circumstances by statutory provision the granting of a motion for a separate trial rests in the sound discretion of the court. (Sec. 1098, Pen. Code; People v. Anderson, 59 Cal. App. 408, 431 [ 211 Pac. 254 ].) The determinative question is whether the trial court abused the discretion vested in it. The principal reason urged by Slack for a separate trial was that it appeared from an examination of the transcript of the record of the preliminary examination that defendant Patterson had made statements or admissions involving the other defendants and particularly involving said defendant Slack, which said statements and admissions,…