Disperati

The defendant was informed against for the crime of grand larceny. Upon his trial he was found guilty as charged, and sentenced to imprisonment for the term of seven years. He prosecutes this appeal from the judgment.

It appears from the record that the property stolen was certain livestock belonging to Miller & Lux in the county of Madera, and that this is the second prosecution of defendant arising out of that transaction. The first trial was had in Madera county, and the defendant was convicted, but upon appeal to the district court of appeal of the third district the judgment was reversed and the cause remanded for a new trial. Thereafter the prosecution of defendant in that county was abandoned, and an information was filed against him in Fresno county, on the theory that after he had committed the larceny in Madera county he removed the stolen property to the county of Fresno.

The evidence in the case shows that the defendant neither took nor assisted in the taking of the property from the possession of the owner, but that subsequent to the perpetration of the larceny he received it, and later sold it to one Rosconi, and was instrumental in transferring it from Madera,…