Burns

The defendant was accused of the crime of grand theft in separate counts of an indictment. In the first count it was charged that on or about December 21, 1928, the defendant took from Pauline Weide 35 shares of stock in the Southern California Edison Company of the value of $1,019.38', and $273.96 in cash. In a second count, it was charged that on or about November 30, 1928, the defendant took from Henry Weide and Justine Weide 130 shares of stock in this same corporation, of the value of $3,510. A trial by jury resulted in his conviction, and from the ensuing judgment and from an order denying a motion for a new trial, the defendant has appealed. •

It is first contended that the court erred in denying a motion to dismiss the indictment, made under section 1382 of the Penal Code, on the ground that the appellant was not brought to trial within sixty days after indictment found. On the hearing of this motion it was stipulated: That Burns was indicted by the grand jury of Orange County on November 25, 1931, at which time a bench warrant was issued by the superior court of that county; that on that date he was confined in the county jail in Los Angeles County upon a charge of…