Wilcoxin

The defendant was convicted of grand larceny and appeals from the judgment and order denying his motion for a new trial.' The indictment charges the defendant with the theft of a cow, the personal property of George E. Crocker and Ida P. Proebstel. The evidence shows that the defendant has a homestead in Tunawee Canyon, in the county of Inyo. Upon this homestead is a small cabin of three rooms, in which the defendant and his wife reside at irregular intervals. 'Tunawee Canyon is situated in a remote and sparsely settled portion of Inyo County. The nearest neighbor of the defendant was one Sam Lewis, who resided about two miles distant from the cabin of defendant. In the fall of 1920 Lewis sold to the complaining witnesses twenty head of white-faced weaned calves. These calves, after the sale by Lewis, were not removed from the immediate locality of the Lewis place, but continued to run the range, which extended over a large district in the vicinity of the homes of Lewis and the defendant. Lewis was in the employ of the complaining witnesses, and on or about the twenty-seventh day of October, 1922, some two years after he sold the calves, he was riding in the vicinity of…