Wyatt

The determinative question upon this appeal has recently been decided, and we need not here for the purposes of a ruling thereon discuss the facts involved. Appellant was charged by information with grand theft, the pleading consisting of eight counts or separate alleged offenses. His counsel at the opening of the trial announced that “the defendant consents and requests that the case be tried by the court sitting without a jury,” to which the. district attorney also consented. The defendant did not personally express any consent to a trial by the court or waiver of his right to a jury. The attorney-general confesses error on behalf of the People, and upon the authority of People v. Garcia, 98 Cal. App. 702 [ 277 PaC. 747 ], and People v. Spinato, 100 Cal. App. 600 [ 280 Pac. 691 ], the judgments and order appealed from must be reversed.

It is further contended by the appellant that he was convicted of grand theft upon the theory that he stole the property in controversy, whereas the evidence tended to show that it was obtained by trick and device, and that the judgments should be reversed upon that ground. It is argued that the complainants signed written instrur ments of…