Blumen

Appellants pleaded guilty to a charge of grand larceny and applied for probation, but before their applications were heard moved the court for leave to withdraw said pleas, and the motion was denied. An appeal was then taken from the order denying said motion and from the judgment of conviction.

The rule is well established that the granting or denying of permission to withdraw a plea of guilty and to substitute a plea of not guilty is a matter within the sound discretion of the trial court, and that its action must he sustained unless an abuse of discretion clearly appears. (People v. Manriques, 188 Cal. 602 [20 A. L. R. 1441, 206 Pac. 63 ].) The circumstances shown by the record in sup port of the trial court’s decision denying said motion may be stated as follows: Appellants are brothers. One of them had been employed in the foreign exchange department of a San Francisco bank. In February, 1926, they were indicted for the theft and embezzlement of the bank’s securities, consisting of foreign national bonds, approximating in value $100,000. Three separate indictments were returned against them. One contained three counts, charging them jointly with grand larceny, and the other…