Harrman

The defendant was charged under each of two counts with grand theft through the taking of money from one Mary E. Ege. Having been found guilty on both counts, he appeals from the judgment.

It is first contended that the evidence is insufficient to sustain the judgment. The appellant, who was 39 years old, struck up an acquaintance with Mrs. Ege, a widow 65 years of age, in a hotel lobby in San Diego on December 8, 1939. Thereafter he spent each evening with her and shortly before Christmas he agreed to marr;-' her. On the second evening he told Mrs. Ege that his father had died in Illinois, leaving an estate of $75,000 which was to go to him and his sister and that the probating of the estate would be completed the following February. A few evenings later he told her that he and his father had been in the marble machine business; that there were 35 or 40 of these machines packed and ready for shipment in Springfield, Illinois; that his sister had put the machines under an attachment; that it would take $1,000 to get them released; that if he could get the machines to California he had arranged with a man in El Centro to put the machines in operation where they would make money…