Heape

Defendant was charged with the larceny of $250, the property of one Bruce G. Kingsley. He was found guilty as charged, and now appeals from the judgment of conviction.

A general outline of the case, as shown by the People’s witnesses, sufficient for an understanding of the points to be discussed, may be stated thus: On October 3, 1923, Kingsley and the defendant—the latter assuming to act in the name of and for and on behalf of a- fictitious corporation designated as the Great Western Builders Inc.—executed a written contract whereby Kingsley agreed to pay $1,000 to the mythical corporation, and that supposititious entity, according to the letter of the contract, agreed (1) to apply the $1,000 to the purchase of a certain lot in the city of Los Angeles and to build a bungalow thereon for Kingsley; (2) to arrange for all such financial aid as might be necessary to carry out the agreement; (3) to complete the building within ninety days, and (4) to secure for Kingsley, within such ninety-day period, a purchaser of the lot with tlie building thereon who would buy the premises at a price that would net Kingsley a profit of $1,000. There was either no such corporation as the Great…