Etting

Defendants were charged by information- with robbery, committed in the county of Los Angeles September 6, 1892, aud upon a trial were convicted.

The appeal is from the judgment of conviction and from an order denying a motion for a new trial.

The information was signed as follows':—•

It is sufficient that the name of the district attorney is signed *578 to an indictment or information by his deputy. (People v. Darr, 61 Cal. 554 ; People v. Turner, 85 Cal. 432 .)

The following instruction was given to the jury at the request of the prosecution, and the action is assigned as error: “ If the jury believe the property was stolen, and was seen in the possession of defendants shortly after being stolen, the failure of the defendants to account for such possession, or to show that such possession was honestly obtained, is a circumstance tending to show their guilt, and the accused is bound to explain the possession in order to remove the effect of the possession as a circumstance to be considered in connection with other suspicious facts, if the evidence discloses any such.”

In the instruction immediately preceding the foregoing, the court had instructed the jury that “ the mere…