Peterson

The defendant and one J. L. Richey were jointly accused in an information filed by the district attorney of Fresno County. The information contains two counts, the first charging the crime of grand theft and the second charging the crime of conspiracy to violate the provisions of section 484 of the Penal Code. After a trial, the jury found Richey not guilty on both counts and found Peterson guilty on the first count and not guilty on the second count. This appeal is from the judgment which followed, and from an order denying a motion for a new trial.

The first point raised is that the verdict and judgment are not supported by the evidence, in that the appellant is not shown to have had any intent to illegally take the property of another or to commit any criminal act. Count 1 of the information, upon which the appellant was convicted, charges the crime of grand theft, in that on or about March 13, 1931, the appellant did wilfully, unlawfully and feloniously take the property of John Schnepper, consisting of 400 shares of stock in the Tosemite-Portland Cement Company, a corporation, of the value of $600. It appears from the evidence that the appellant learned that the…