Ranney

The defendant was convicted of grand theft on two counts of an indictment. He also confessed two former convictions of other felonies with which he was charged. The jury acquitted him of five separate counts of similar charges of grand theft which were included in the indictment. The indictment originally contained twenty-one separate counts of grand theft. At a former trial the defendant was convicted of the seven counts which are involved in this appeal. The remaining fourteen counts were then dismissed. On appeal the judgment of conviction which was entered at the former trial was reversed for the giving of an erroneous instruction to the jury. (People v. Ranney, 213 Cal. 70 [ 1 Pac. (2d) 423 ].) A retrial of the seven remaining counts resulted as above stated. From this last judgment of conviction on counts fifteen and seventeen of the indictment, this appeal was perfected.

The defendant was employed as the assistant manager and auditor of the Harris Manufacturing Company of Stockton. In September, 1927, he procured the issuing of a check, by the authorized agent of the company, for $1500, and appropriated the money to his own use. On account of this transaction he was…