Taylor

Defendant was convicted of the crime of grand larceny. He appeals from the judgment of conviction and from the order denying his motion for a new trial.

The complaining witness, an old man named Clark, resided at the state hospital, near Stockton. He came to that city on September 3, 1901, to view a circus parade. He wore a watch and chain at the time and carried a cane, and he testified that he looked at the watch at the hour of 10:30 A. M. *943 He went into a saloon at that time and had a drink, and thenceforward he knew nothing of what happened to him the remainder of that day. He recovered his senses the next morning, and found himself in jail, without his watch or chain. His cane, too, was gone. In the afternoon of September 3d the witness Gengo saw Clark and defendant walking past witness on Weber avenue, or, as witness described it, saw defendant dragging Clark along, arm in arm. Witness saw the chain of the watch hanging from Clark’s vest as they passed, and noticed that Clark had a cane. Witness saw defendant brushing or rubbing Clark’s vest as they passed, and heard defendant remark, “That’s right, old man,” or some such expression. Two or three minutes later, witness…