Cleary

Respondent was indicted by the grand jury of Solano County for the crime of robbery and found guilty of grand larceny.

On the day fixed for pronouncing judgment, he made his motion in arrest of judgment upon the grounds: “That it appears upon the face of the indictment on which said defendant was tried and convicted, that the facts stated therein do not constitute the public offense of grand larceny or any other public offense. For the reason that said indictment does not charge that the property taken was not the property of the defendant, or was the property of any person other than the defendant.”

The motion was granted, and thereupon this appeal was taken.

It is thus apparent that the sole question here is the sufficiency of said indictment to sustain a conviction of grand larceny.

The part of said indictment pertinent to this inquiry reads as follows: “The said William Cleary, . willfully, unlawfully and feloniously, did take from the person and possession of one Peter Cadloni seventy dollars in gold and silver coin of the United States of America, which said taking of said lawful money aforesaid, was then and there without the consent and will, and was then and there,…