Haack

Under an indictment found and returned to the superior court of Butte County by the grand jury thereof and filed in said court on the seventh day of May, 1927, the defendant was convicted of the crime of grand larceny, in that he, on or about the first day of April of said year, did unlawfully and feloniously steal and take away two calves, the personal property of one Nettie Frishholz. ;

This is an appeal by the defendant from the judgment of conviction and the order denying his motion for a new trial.

The indictment as found was in four counts, viz.: Count 1, charging the offense of which the defendant now stands convicted and with which this appeal is alone concerned; count 2, charging him with the stealing, on or about the seventh day of April, 1927, of two calves, the property of one William Cardoza; count 3, charging him with the stealing, on or about the third day of March, 1927, of one calf, the property of one John Bettencourt; count 4, charging him with the stealing, on or about the second day of April, 1927, of one calf, the property of one William N. Lewis.

¡ The trial of which the present appeals are the outgrowth is the second prosecuted against the defendant…