Taylor

This is an appeal from a judgment of conviction and from an order denying defendant’s motion for a new trial.

Defendant was charged by an information filed by the district attorney of San Diego County, in two counts, with the crime of child stealing. The first count charged the theft of a girl by the name of Ellen Tibbets, and the second charged the stealing of a girl by the name of Claudine Chris-well. Both girls were between fourteen and fifteen years of age at the time the alleged offense was committed.

The crime which defendant stands convicted of is defined in section 278 of the Penal Code, which reads as follows:

Three grounds are urged by appellant for a reversal of the judgment of conviction:

According to the testimony of the two girls, the story of the events leading up to- the alleged stealing and what followed until the arrest of all three in New Mexico may be briefly related as follows:

The following morning the defendant proposed to the Ohriswell girl that they get married. After some discussion the girl assented to the suggestion, but requested that they return to Oceanside in order that she might get other clothes, as she had with her only the clothes she was…