People v. Martin

This is an appeal from a judgment pronounced upon defendant after his conviction of petit theft, with two prior convictions of felonies which he admitted, and from the order denying his motion for new trial.

Defendant was a prospector engaged in mining tailings near the San Joaquin River at Friant in Fresno County, California. L. H. Kahrt was postmaster and conducted a store in Friant at which defendant traded. Kahrt bought gold from miners.

On the evening of May 2, 1936, Kahrt had about $160 in gold in two bottles in a show case in his store. .The gold was last seen by Mrs. Kahrt at about four…