Barbosa

Defendant was charged with grand theft from the person in violation of subdivision 2 of section 487 of the Penal Code. He pled not guilty; trial by jury was duly waived; the ease was submitted on the transcript of the testimony taken at the preliminary examination together with additional testimony. 1 Defendant was found guilty as charged; probation was denied; 2 defendant was sentenced to state prison, the court invoking the provisions of sections 1168 and 1202b of the Penal Code. Defendant has appealed; we reverse the judgment.

The victim testified that, on March 29, 1966, at a time which she estimated as being between 10:30 and 11 a.m., she was walking on the east side of Broadway, in the City of Los Angeles, near the intersection of 85th Street. She noticed a Mexican boy following her (defendant is a young Mexican). The boy snatched her purse, ran across Broadway and into a burned-out building on the west side of that street. The victim was unable to identify defendant as the thief. She also crossed the street and went into a liquor store where she told of her loss and caused the police to be notified. When she came out- of *583 the liquor store, she saw two Negro hoys…