People v. Miller

Defendant was. charged, in an information in the superior court of Stanislaus County, with the theft of a light Buiek automobile, the property of one J. W.. Boss. He was convicted by a jury, and from the judgment sentencing him to the penitentiary and from an order denying Ms motion for a new trial, an appeal has been taken. Some of the facts, upon which respondent relies for a justification of the verdict, are undisputed and others follow as a fair inference from certain evidence' appearing in the record. We are warranted by this record in stating the case as follows: On November 16, 1917, Boss had the car standing on the street near his office in the city of Modesto, in said county of Stanislaus. When he went to get the machine, about 6 o’clock in the evening, he found it had been taken away. On January 27, 1918, the car was recovered from the possession of 'a man named Christiansen at Fresno. It had been delivered to said Christiansen by the defendant herein on or about the twenty-fourth day of November, 1917. After Boss learned of the finding of Ms car, he went to a garage, used and operated by the defendant at Oakland, and there found and identified certain parts of the…