Nye

Certain real property in the county of Los Angeles, which admittedly belonged to one Anna B. Dorn, was deeded by her to Jean Harvey, who thereafter borrowed $4,000, giving a promissory note secured by deed of trust upon one of the parcels thereof. It appearing that Jean Harvey and the defendant were one and the same person, she was charged by information consisting of two counts with having committed grand theft, in that on or about March 16, 1928, the defendant unlawfully took away two deeds of the total value of $14,000, personal property of Anna B. Dorn, and that on or about the same date she unlawfully took $4,000 dollars of the personal property of the Title Guaranty and Trust Company and Mary White. Appellant was convicted upon both counts and, a motion for new trial having been denied, she appealed from the judgment and from the ruling upon said motion.

The People having confessed error as to the first count, we shall first consider the second count of the information. It appears that Mrs. Dorn had agreed to lease certain real property to appellant, who presented herself under the name of Jean Harvey, and introduced to the owner a young man who gave the name of J. Harvey,…