Layman

Defendants were convicted of the offense of grand theft; applied for and were granted probation; and appeal from the conviction. Defendant Layman was an estimator and defendant Perusse was a licensed inspector employed by Countywide Termite Control, Inc., which was engaged in the business of repairing damage caused by and controlling termite infestation. On November 9, 1966 defendants obtained permission from Vera Wicker to inspect her residence for termite damage; purportedly conducted such an inspection; falsely reported to her the extent of alleged termite damage and the urgent need for extensive repairs; and obtained her signature to a writing entitled “Work Schedule” in which she agreed to pay County wide Termite Control, Inc., $450 for designated work. The victim was so upset about the condition of her house as represented by defendants that she asked her son-in-law and a neighbor to inspect the allegedly infested area; found out from them the condition was not as represented by defendants; and thereupon telephoned the office of Countywide Termite Control, Inc., and cancelled the work order. The writing in question contained the following:

Defendants seek reversal upon the…