Askew

This is an appeal from a judgment of conviction of the crime of grand theft. The sole contention made by the defendant on appeal is that the evidence does not support the judgment.

The record shows that on the afternoon of Friday, June 20, 1958, defendant, Elijah Griffin (the complainant), and his cousin, Roy Griffin, drove from Woodland to Sacramento where Elijah cashed two checks totaling approximately $430. The three men then went to a bar where Elijah bought at least two rounds of drinks for the three. At that time the defendant stated he was without funds and sold a purse to Elijah for $2.00. The defendant left shortly thereafter and did not rejoin the Griffins until about 9 p.m. Prior to the three leaving Sacramento for their return to Woodland, Elijah ascertained that he had approximately $438 in his wallet, after which he replaced it in his left hip pocket but did not button the flap. On the return trip they ran out of gas. While Roy was gone in search of a service station, Elijah and defendant remained in the ear. Elijah slept for some 15 to 20 minutes and was awakened upon Roy’s return. The trip was then resumed, and upon arriving in Woodland they stopped at the…