Phillips

Robert W. Phillips and Thomas P. Rose were convicted of two counts of grand theft and one count of conspiracy to commit grand theft. Both appealed and presented a joint opening brief. However, on April 14, 1960, this court upon Rose’s request dismissed the appeal as to him. We now have before us the appeal of Phillips.

He claims the evidence to be insufficient to sustain the conviction of conspiracy (Count I) or to sustain the convictions of grand theft. (Counts II and III.) The basis of the convictions is the obtaining from one Barz his equity in certain real property through false pretenses. In addition to the attack upon the sufficiency of the evidence appellant Phillips claims error in (1) the court’s instruction concerning the responsibility of one who joins an existing conspiracy, (2) error in receiving certain testimony designed to show common plan, scheme and design, and (3) error in refusing certain instructions concerning common scheme and design. We have concluded that appellant’s points are not well taken.

So far as sufficiency of the evidence is concerned we must deal with a reporter’s transcript of 3,186 pages and briefs aggregating 295 pages. Having found the…