Larrabee

From a judgment following his conviction of the crime of grand theft, as well as from an order by which his motion for a new trial was denied, defendant has appealed to this court.

Briefly, the essential facts presented by the prosecution 'on the trial of the action were that prior to the commission of the offense of which defendant was charged, he and one McDougal were together confined in the county jail of Los Angeles County—the latter under a sentence of $300 fine or 100 days in jail; that because of the .fact that defendant was about to be released from such confinement, McDougal entrusted to him for the purpose of mailing an unsealed letter addressed to a Miss MacKay, in the state of New Jersey, in which letter McDougal described ' his plight and asked Miss MacKay to help him; that on the day following Miss MacKay received a telegram which purported to have been signed and sent by McDougal, but which in fact was not signed or authorized to be signed by him. In substance, the telegram was to the effect that McDougal was in jail and requested that Miss MacKay send $350 to this defendant for the purpose of procuring the release of McDougal. At the bottom of the telegram the…