Lalor

The district attorney filed an information against the defendant charging him with having committed grand theft. The defendant appeared, pleaded not guilty, and a trial was had before the trial court sitting with a jury; the jury returned a verdict of guilty, the defendant made a motion in arrest of judgment, the motion was denied; the defendant made a motion for a new trial, the motion was denied, and the defendant has appealed from the orders and the judgment.

The defendant contends that the information does not state a public offense. The charging part of the information is as follows: “The district attorney for the county of Fresno, state of California, hereby accuses Steve Lalor of the crime of a felony, to wit: grand theft, in that the said Steve Lalor on or about the 9th day of November, 1927, at and in the said county of Fresno, and state of California, unlawfully took the property of one Margaret J. Adams, consisting of 400 shares of the stock of the ‘Great Republic Life Insurance Company7 of a value in excess of $200, lawful money of the United States.” If we omit the words “consisting of 400 shares of the stock of the Great Republic Life Insurance Company,77 the…