Corbin

The defendant was charged with grand theft in two counts. He was acquitted as to count one and convicted on count two. Count two alleged: “That on or about the 13th day of January, 1931, at and within said County of Orange, State of California, the crime of felony, to wit: grand theft was committed by Claude Corbin, who at the time and place last aforesaid, did then and there wilfully and feloniously steal, take and carry away 79 shares of Southern California Edison Company Common Stock of the value of $3500.00 in gold coin of the United States, the personal property of Martin Hayes.”

The defendant appeals from the judgment of conviction and from the order denying a new trial and contends there were three errors committed in the trial court which would entitle him to a new trial.

The first contention is that the evidence is not sufficient to sustain the verdict. There is ample evidence in the record of the following facts: That Martin Hayes was a man eighty-nine years old and in a somewhat senile and childish condition of mind; that he was the owner of 79 shares of common stock in the Southern California Edison Company, worth at least $3,500, which stock he had previously…