White

This is an appeal by the defendant from a judgment of conviction of the crime of grand larceny and from an order denying his motion for a new trial.

The information by which the defendant .was accused and upon which he was convicted of said crime alleges that, on or about the fifteenth day of June, 1914, in the county of San Joaquin, he feloniously stole and drove away five head of cattle, which were then the personal property of one Isaac Kirk.

The sole proposition upon which the defendant bases his claim for a reversal is that the people failed to show that a crime had been committed, or, in other words, failed to establish the corpus delicti. This contention cannot be maintained, as a brief examination of the evidence will verify.

One Mosely testified that the defendant called on him some few days prior to the date of the commission of the crime charged in the information and proposed that he (Mosely) join him (the defendant) in taking from the farm of Isaac Kirk a number of cattle, selling the same and dividing in equal proportions between themselves the proceeds of such sale. The witness readily acquiesced in the proposition and, accordingly, during the night of the…