Dixon

Defendant was convicted of the crime of grand larceny, and appeals from the judgment, upon a bill of exceptions. Counsel for appellant relies upon many alleged errors of law committed by the trial court for a reversal of the judgment. The assignments of *257 error, based upon the orders of the court refusing to set aside the information, resetting the case for trial, and denying the application for a continuance, are not well taken. The court committed no error in admitting the evidence of the witness Buckmaster as to the statement of Otis Dixon, made in the absence of the defendant. Otis Dixon was jointly charged with the defendant and one Arthur Sylvester with the crime of grand larceny in stealing the horses described in the information; the witness had already testified to facts tending to show a conspiracy between these parties, and his subsequent testimony pointed in the same direction. The evidence of conspiracy was sufficient to go to the jury, and the commission of the crime not yet being complete, any statement of a co-conspirator was admissible against the defendant. In People v. Geiger, 49 Cal. 649 , this court said: “We think there was sufficient evidence of the…