People v. Mitchell
Opinion
Lead Opinion
Craig, J.
The appellants were convicted of grand larceny upon an information which charged them with having on or about December 28, 1925, stolen and carried away automobile wheels and other accessories of the value of three hundred dollars, the personal property of one J. P. Furr.
It appeared that Furr left his automobile in a shed in Telegraph canyon at about 11 o’clock P. M. of the date mentioned; that there were then on the ear four green disc wheels, with tires and tubes, and a Willard battery, besides a complete extra wheel on the rear of the car; that Furr returned to the shed on the following morning at about 8 o’clock, whereupon he discovered the machine resting upon ties; the four wheels on the axles, together with the tires and tubes, and the battery, were missing, but the spare wheel was in place; he testified that on December 29th he found at the city hall at La Habra four wheels and a battery which resembled those which he had lost; the wheels fitted his car and matched the extra tire, but Furr would not swear positively that they were the identical wheels that were removed on the preceding night, though as near as he could tell they and the battery were the same.