Robinson

Appellant Robinson, A. N. Jackson and W. S. Himmelright were jointly charged by an indictment with ten separate offenses of grand theft. Jackson and Himmelright entered pleas of guilty to one of the counts of the indictment and Robinson pleaded not guilty to each count. A jury found the latter guilty as charged upon nine of the counts and upon the other returned a verdict of petty theft. The appeal is from the judgments entered thereon, and the orders denying motions for a new trial.

The counts in the indictment were identical in form except as to the names of the persons whose property was alleged to have been taken and the description of the same, the allegations of the first count being as follows: “The grand jury of the county of Alameda hereby accuses I: W. Robinson, A. N. Jackson, and W. S. Himmelright of a felony, to wit, grand theft, a violation of section 484 of the Penal Code of California, in that on or about the 11th day of June, 1928, at the said county of Alameda, State of California, they, the .said I. W. Robinson, A. N. Jackson, and W. S. Himmelright, unlawfully took the property of one Gabriella Morello consisting of 30 shares of Bank of Italy stock, certificate…