Koening

The defendant was convicted of the crime of grand larceny, committed at Oroville, county of Butte, July 8, 1892. He moved for a new trial which was denied, and thereupon he appeals. He was convicted as an accomplice of one Sarah Brady, who admits that she committed the offense, and the only question calling for discussion relates to the sufficiency of the evidence in corroboration of said Brady.

The testimony tended to show that on the 3d of July, 1892, defendant engaged to one Klein to tend bar for the latter in place of his regular bar-tender, who was ill. Defendant and Sarah Brady were acquainted and had lived together more or less for a year or two. Chris Gilmer was accustomed to visit the saloon of Klein and at times slept there. On the afternoon of July 7th Sarah Brady visited the saloon, met Gilmer there, and *575 they drank together repeatedly. The Brady woman returned to the saloon the same evening, again met Gilmer, who had retired to an adjoining room usually occupied by the regular barkeeper. Gilmer was aroused, and they again had numerous potations, after which they retired, occupying together a bed in the bar-tender’s room. In the early morning Sarah Brady extracted…