Herman

The defendant, with one Venice Gibbons, was accused of having, on the seventeenth day of November, 1919, stolen four sacks of wool from one W. P. Hoke in Sutter County. The said Gibbons pleaded guilty, and this defendant was tried and, on the fourteenth day of January, 1920, was convicted of the crime of grand larceny. Prom the judgment and order denying motion for new trial defendant prosecutes this appeal.

It appears from the evidence that on the seventeenth day of November, 1919, the defendant was, and for some time prior thereto had been, engaged in conducting a junk business in the city of Marysville, under the name of the “American Junk Company.” The said Venice Gibbons was on this day working for him, and for some time prior thereto he had been in defendant Herman’s employ, going out in the country and gathering up junk, which he hauled to defendant’s junk-yard. The wool belonging to the said W. P. Hoke was stored in a shed in the usual wool sacks on his ranch in Sutter County, about twelve miles from the city of Marysville. Some time prior to the seventeenth day of November, the said Gibbons and the defendant had been out in the vicinity of the said shed and had seen the…