Perrin

J.—The defendant was charged by information with the commission of a felony, he entered a plea of not guilty and was tried before the court sitting with a jury; the jury returned a verdict finding him guilty as charged in the information; he made a motion for a new trial and in the motion stated all of the statutory grounds; his motion *was denied, and he has appealed from the judg ment of the trial court and its order denying him a new trial.

For many years prior to raisin day, April 26, 1923, Clement A. Larre had resided near Fresno. While residing in that neighborhood he had accumulated sufficient funds to own the small property on which he resided and to have four thousand dollars on deposit in the Bank of Italy.

Some of the facts contained in the record are as follows: Prior to the date mentioned Peter Perrin, the defendant, had been working as waiter, bartender and cafe attendant in and about Tijuana. At that place he had heard at least one sure-thing man describe the so-called “can-game.” Recognizing the possibilities, he determined to make an attempt to Work the game on some person whom he might locate. Accordingly, he went to Fresno and was there on raisin day. While…