Prince

The defendant was convicted by a jury in the superior court of the county of Sacramento under an information charging him with the crime of buying and receiving for his own gain certain stolen property, knowing the same to have been stolen. He appeals from the judgment of conviction and the order denying his motion for a new trial.

[1] The appeal was placed on the calendar of the late (June, 1920) term of this court and the' attorney appearing of record for the defendant regularly and duly notified of the day on which the cause would be called for hearing and argument. No brief was filed in support of the appeal on behalf of the defendant within the time required by the rules of this court, or at all, and none has since the cause was called for hearing been filed herein. Nor was the defendant represented by counsel before this court when the case was called, and consequently no oral argument was presented in support of the appeal. There was, therefore, left to the attorney-general no other alternative but to submit the case upon the record, which, on the motion of that officer, was ordered done.

We have, nevertheless, examined the evidence and the rulings of the court upon…