Devaughn

Defendant was found guilty on a charge of grand larceny in taking personal property from the person of one Lindbloom. He has appealed from the judgment, as well as from the order of the court denying his motion for a new trial.

The evidence shows that the prosecuting witness, Lind-bloom, was employed as a car-repairer in the yards of the Union Pacific Company in the city of Los Angeles; that on the fifth day of December, 1922, he finished his work at about 4 o’clock in the afternoon, when he started for a street-car to take him to his home; that before he got on the ear he took his pocketbook from his pocket, from which he removed his street-car fare, and immediately replaced the pocketbook in his trousers pocket; that he did not thereafter see the pocketbook until after the defendant herein was arrested. When Lindbloom left his place of employment he boarded an East Fourth Street car, paid his fare with the money which he had theretofore taken from his pocketbook, obtained a transfer, got off the East Fourth Street car at the corner of Third Street and Main Street and transferred to a Brooklyn Avenue street-car; that instead of giving the conductor of the latter car a cash fare…