Plum

The defendant appeals from a judgment of conviction had upon an information charging grand theft. The information is in the following words and figures, omitting title:

"While no demurrer was filed to the information, it is urged upon this appeal that the information does not state a public offense, in that it does not charge that the lumber taken was taken feloniously, or with intent to steal. Section 952 of the Penal Code as amended in 1927 [Stats. 1927, p. 1043], in setting forth what shall be necessary to charge the crime of grand theft, reads: “In charging theft it shall be sufficient to allege that the defendant unlawfully took the property of another.” An information charging theft in the language of section 952 of the Penal Code has been held sufficient, and any question in relation thereto we think foreclosed by the following cases in which the in-formations were identical with the one at bar: People v. Manchell, 91 Cal. App. 788 [ 267 Pac. 718 ]; People v. Plum, 88 Cal. App. 575 [ 263 Pac. 862 ] ; People v. Plum, on petition for rehearing, 88 Cal. App. 585 [ 265 Pac. 322 ], In the Manchell case the information reads, so far as pertinent here: “unlawfully took the…