The herein defendant was sentenced in  the Court of First Instance for the  crime of theft charged against him in the complaint to the penalty of four months and  one day of arresto mayor, to make restitution of what was stolen or pay indemnity for  its value in the amount of P120,  with the corresponding  subsidiary imprisonment, if necessary, and to pay the costs of the trial.  From that sentence he has appealed to this court.

On January 13,1911, the defendant went from the pueblo of Nagcarlang to that of San Pablo, both of the Province of Laguna, to attend the fiesta held in the latter pueblo,  in company with Dionisia  Castillo  and three other persons. Dionisia rode  horseback and the rest  followed  on  foot. During the trip between the two pueblos Dionisia dropped unawares some jewelry which she was carrying in a handkerchief, consisting of a clasp pin of tumbaga and three finger rings of the  same metal, two of them set with three diamonds.   The third was set by means of clasps with four diamonds,  all  colored  and  of the size of  a  mongo  seed, and  one  of the stones, at one end  of the clasps, had a flaw easily perceptible, apparently, to the naked eye.  With the exception of this last mentioned  ring, all the said jewelry was found in the road and returned to its owner, the clasp pin  and  one of the rings set with three diamonds by the defendant, and the other ring of three stones also by a schoolboy of the barrio of Rizal,  municipality of Nagcarlang.  The defendant returned the clasp pin and the ring during the  trip  to San Pablo a few  moments  after  he found them,  though it is not clearly shown in the record whether he did so voluntarily or because some of his traveling  companions had learned  of his find and immediately told  Dionisia  Castillo.   Be  this  as  it  may,  the abovedescribed ring  with the four-stone  setting was not recovered.

The defendant well knew, as shown by his own testimony, that Dionisia Castillo lost the said ring besides those which were returned to  her,  and if he really  found  and  appropriated it to himself and  did  not return it to her, as the  prosecution claims,  it is evident that he committed the crime of theft described in paragraph  2 of article 517 of the Penal Code,  according to which "those who finding something lost, and1 knowing who its owner is, appropriate it with the intent of profit,"  are guilty of theft.
   
  The defendant roundly denied the charge that he had found the ring in question.   He testified that he found only the clasp pin and the ring with the three diamonds, which he returned at  once  to Dionisia Castillo.  There is indeed no direct evidence of that fact.  The defendant's traveling companions saw him pick up  something from the ground, whereupon he told them that he had found some diamonds, but none  of them saw at  the  time  how  many  or what kind of jewels  were found  by him.  There are, however, two witnesses who saw the ring  referred to in. the possession of the defendant two or three days after the date mentioned  in the  complaint.  One of them  testified that on the second day of the fiesta of San Pablo he and the defendant met  in  the cockpit  of the said  pueblo and that the latter offered to  sell him,  for the price of sixty pesos, a tumbaga  ring with  four colored diamonds of the size of a mongo seed,  set therein  by means of clasps,  one of which stones, at one end of  the  clasps, had a flaw, for which reason and also because he had no money  he did not wish to buy it.  The other witness stated that on January  16, 1911,  in  the pueblo of San Pablo, the defendant tried  to pawn to him for P25 a tumbaga ring which had four colored diamonds of  the  size of  a  mongo seed set in it by  means of clasps,  and that he did not accept it as he did not then have any money.  This witness  also declared that one of the stones  at one end of the clasps had a flaw in it.   The  testimony of these two witnesses was not disproved nor  contradicted in  any manner by the defendant while on the stand, and we hold it to be true.

Now, the description which those witnesses give of the ring which  the  defendant  tried to sell or pawn to them coincides exactly in  all its  details with that of  the  ring lost by Dionisia Castillo the same kind of metal, the same number and size of diamonds, the same kind with respect to color, the same defect in one of the  stones and,  finally, the same form  of  setting as had the ring of  the said Dionisia.  It would be difficult to imagine more perfect and conclusive proof of the identity of these  two rings.  We are  fully  convinced  that the  ring seen  by  the witnesses mentioned in the possession of the defendant  is the  same one  concerned in this  case.   In view of  the evidence  it appears to us  unquestionable that  the  defendant  found it together with the other jewelry which with good or bad grace he returned to Dionisia  Castillo.  As  he appropriated it, knowing that it belonged to her, he is clearly guilty of the crime of theft with which he is charged in  the complaint.

The judgment appealed from is affirmed, with the  costs of this instance against the defendant.   So  ordered.

Arellano, C. J., Johnson,  Carson, and Trent, JJ., concur.