Brown

Defendant was charged with grand theft of $1,800 from Arthur A. Matthews. In a trial by jury he was found guilty. Proceedings were suspended and probation was granted. He appeals from the order granting probation. (See Pen. Code, § 1237, subd. 1.)

Appellant contends that the verdict is against the evidence and the law; that the court erred in giving and failing to give certain instructions; and that it erred in matters of law.

At the time of the alleged offense, February 16, 1950, the appellant, his wife and two children were living with his wife’s cousin, Mrs. Wilk, in her home at Puente. They had lived there approximately two months. Appellant’s wife testified that they had no money with which to pay Mrs. Wilk for board or lodging. During that time, according to appellant’s testimony, his Plymouth automobile was demolished in an accident.

Mr. and Mrs. Matthews and their son Don, who was 21 years of age, resided in Riverside. They had known appellant and his wife about six years. On February 15, 1950, appellant and his wife went to the Matthews home, and appellant told Mr. Matthews, in the presence of Don, “about” a deal he had for the purchase of wild cattle in Arizona, and…