Persky

Defendant was charged with five counts of grand theft. (Pen. Code, §484.) In count one defendant was accused of talcing ”... an equity of the value of $456.00 in a 1955 Studebaker automobile, and of the personal property of L. J. Downing.” In count two defendant was accused of taking ”... one 1955 Studebaker automobile of the personal property of L. J. Downing.” In count three the defendant was accused of taking ”... One Thousand Four-Hundred Ninety-five and no/100ths ($1,495.00) Dollars, in money, lawful money of the United States, and of the personal property of L. J. Downing.” In count four the defendant was accused of taking ”... one 1953 Lincoln auto mobile of the personal property of L. J. Downing.” In count five the defendant was accused of taking “. . . in excess of Fifteen Hundred ($1,500.00) Dollars, in money, lawful money of the United States, and of the personal property of L. J. Downing.” A jury found defendant not guilty of counts one and three and guilty of counts two, four and five. Defendant’s motion for a new trial was denied, probation was denied and judgment was pronounced. Defendant appeals from the judgment, from the order denying his motion for a new trial…