Luchetti

Appellant was convicted of grand larceny, and, his motion for a new trial having been denied, he was sentenced to imprisonment for the term of five years. This appeal is from the judgment and the order denying a new trial. All the questions in the case are presented by the motion for a new trial.

The evidence tended to show that the cow (the property alleged to have been stolen) was, by the owner, securely tied to a tree in the owner’s lot, in the city of Los Angeles, with a chain .and halter, on the evening of October 28th, and was missed the next morning, and about 9 o’clock that morning was sold to a 'butcher in the same city by the defendant. Ho question is made as to a larceny having been committed by some one, and that the defendant sold the cow to the butcher is admitted.

The defendant testified in his own behalf, in substance, that he left Monrovia about 1 o’clock in the morning to come to Los Angeles to see his sweetheart, using his stepfather’s horse and wagon; that about 5 o’clock he overtook Joe Riverio, on Hew Main street, leading the cow that was sold to Mr. Sentous, the butcher; that Riverio spoke to him about selling the cow in the country; that he asked Riverio…