Wolfrom

Defendant was convicted of grand larceny under the provisions of section 538 of the Penal Code. This is an appeal from the judgment and from an order denying him a new trial.

The facts of the case are that early in the year 1907 the defendant purchased about $5,000 worth of furniture from the Eastern Outfitting Company, a corporation, to furnish a large lodging-house, of which he had become the lessee. He paid $1,000 on account, and gave to the vendor a mortgage for the balance. Subsequently, with the oral consent of the mortgagee, he sold a one-fifth interest in the furniture and lodging-house business to one Matilda Bradford for $3,600.

The only disputed question of fact in the case is as to whether the defendant had informed Matilda Bradford of the existence of the chattel mortgage at or prior to the sale to her of the said interest. As to this phase of the ease it is sufficient to say, however, that the evidence fully supports the verdict.

The information was drawn under section 538 of the Penal Code, and charges that while the said mortgage “was in existence and unsatisfied” the defendant did “willfully, unlawfully, feloniously and with intent to defraud the said Eastern…