Ailanjian

The defendant was charged with grand theft, it being alleged that he unlawfully took the property of C. M. Kenneson, consisting of six tons of raisins of the value of $300: He was tried before the court without a jury and found guilty. This appeal is from the judgment and from an order denying a motion for a new trial.

It appears that the defendant was purchasing the land on which the raisins were produced from C. M. Kenneson, under a contract dated December 2, 1926. Among other things, this contract provided as follows: “It is understood and agreed that all crops of every kind, name, and nature produced upon said land shall be and remain the property of C. M. Kenneson during the full term of this contract and must at all times be sold in his name and that the payments hereinafter provided shall be by him deducted from the gross selling price of said crops and the remainder shall be paid to L. Ailangian, the buyer.” The contract further provided that after the crops were sold and paid for to the vendor, said vendor should retain one-half of the proceeds, applying the same upon the purchase price of the land, and should turn the remainder over to the vendee. It also provided that…