Dunn

Defendant was charged by an information in four counts with the crime of grand theft. (Sec. 484, Pen. Code.)

The first two counts were dismissed by the court. Count III charged in substance that “on or about the 12th day of December, 1938, . . . the defendant did . . . steal, take and carry away the sum of $250 ... of the personal property of Fred M. Kay.”

Count IV charged in substance that “on or about the 1st day of March, 1939, . . . the defendant did . . . steal, take and carry away the sum of $765 . . . of the personal property of Fred M. Kay.”

After trial by jury the defendant was convicted upon counts III and IV. This is an appeal from the judgment of conviction and from the order denying a new trial.

Fred M. Kay, the principal witness for the People in this case, had been county clerk of Humboldt County for nearly twenty-five years. Prior to that time he had been a deputy in that office for twelve years. At the time of the trial of the instant case he was sixty-eight years of age. He had lived in Humboldt County practically all of his life. He ceased to be county clerk on March 14, 1939. Subsequently, on May 16, 1939, he was found guilty of embezzlement of public…