Fisher

Appellant was convicted upon ten counts of an indictment, each charging a separate -crime of grand theft. His motion for a new trial was granted as to the first nine counts, but was denied as to the last. This tenth count accused appellant of the crime of grand theft by charging that on June 11, 1930, he unlawfully took the sum of $260, the property of the complaining witness. From the order denying a new trial and the judgment im posing sentence upon this count, appellant appeals, urging as grounds for reversal: (1) The insufficiency of the evidence to establish the commission of the crime formerly designated as obtaining money by false pretenses, (2) the lack of corroboration of the alleged false pretense, (3) the court’s error in denying his motion to strike from the record all of the testimony of the complaining witness because the latter in testifying used notes made subsequent to the events recorded and (4) misconduct of the district attorney in allowing such witness to so testify.

No attempt will be here made to detail the entire transaction between the parties covering a period of over six months and involving approximately $9,000 of complainant’s money. Nor is it…