Payne

Appellant was accused by an information filed by the district attorney of Orange County, of the crime of grand theft. It was alleged that on or about the fourth day of September, 1930, he did wilfully, unlawfully and feloniously steal, take and carry away three 500-dollar “Straus” bonds of the value of $1500 in gold' coin of the United States, the personal property of Mrs. Nellie F. Wagner. The case was tried before a jury, which returned a verdict finding appellant guilty as charged. From the judgment pronounced upon him, and from the court’s order denying his motion for a new trial, he has taken this appeal.

The evidence discloses that Clifford F. Reid, Incorporated, was selling agent for lots in the Hollywood Riviera in Los Angeles County, California. It maintained a branch office in the city of Santa Ana, California", out of which appellant worked as a licensed salesman.

On September 4, 1930, appellant went to the home of Mrs. Wagner in the city of Anaheim, California, and discussed with her the purchase of a lot in the Hollywood Riviera. He took her to see the lot on the afternoon of this date and told her that she could' make considerable money if she bought it at the…