Bratton

Appellant and J. L. Spencer were jointly charged with the crime of grand theft by an information filed by the district attorney of San Diego County. Both defendants were found guilty by the jury. This- appeal is taken by L. Bratton from the judgment and from an order denying his motion for new trial.

Appellant urges four grounds upon which he maintains the judgment and order appealed from must be reversed: First, that the evidence was not sufficient to support the judgment and verdict against him; second, errors in instructions given by the court to the jury; third, that if he be deemed guilty of any crime it was that of petty theft only, and not grand theft; fourth, that there was a valid contract of employment between defendants and the complaining witness which might have been the subject of a civil action but not of a criminal complaint. The fourth specification is included within the first and need not be separately considered.

Appellant and Spencer opened an office in the Bank of America Building in San Diego for the sale of a product of the National Automatic Dishwasher Company, Ltd. They inserted an advertisement in a San Diego daily paper as follows: “Will train steady…