Clayon

Upon information charging defendant with the crime of grand larceny he was found guilty as charged. He appeals from the judgment of conviction and from the order denying his motion for a new trial.

The cause was placed on the April calendar and was called on April 9, 1917, and appellant given thirty days to file opening brief, respondent ten days to reply, appellant ten days, cause then to stand submitted. May 9th, appellant was given ten days from that date in which to file opening brief. Appellant has filed no brief and has not asked for further time in which to do so. We must assume that he has abandoned his appeal, and hence we are authorized to affirm the judg ment and order without examining into the merits of the appeal. We have, however, given the record careful examination .and find therein no ground for reversal.

The prosecuting witness, one Equals, arrived at Sacramento about 8 o’clock P. M. on October 3, 1916, and took rooms at the Western Hotel, on K Street between Second and Third Streets. After a hasty toilet in his room he betook himself to the bar of the hotel to spend the evening. He had about $18 in his pocket, from which store he drew not lavishly but with…