Myrick

The defendant appeals from a judgment of conviction based upon two counts in an information, which counts are in the following words and figures, to wit:

The information contained three counts, but as the defendant was acquitted on the third count, no attention need be given thereto.

The first contention by the appellant is to the effect that neither count I nor count II of the information charges a public offense. As no demurrer was filed by the appellant, only the bare question as to whether a public offense is stated can be considered. While neither count does state fully all the particulars set forth in section 484 of the Penal Code, relative to grand theft and the offenses included under that designation, we think, in the absence of a demurrer, the counts are good. Bach count charges the defendant with grand theft, a felony, and then particularizes the acts upon which the crime of theft is based without again alleging that the acts themselves constitute the crime of grand theft. Under section 952 of the Penal Code, as amended in 1929 (Stats. 1929, p. 303), no particular words are necessary. That section reads: “In charging an offense, each count shall contain and shall be…