Haack

On the seventh day of May, 1927, an indictment was filed in the superior court of Butte County, containing four counts charging the defendant with the offense of grand larceny. The jury returned a verdict of guilty upon counts 1, 2, and 3 contained in said indictment and a verdict of not guilty upon count 4.

Count 1 charges the defendant with the theft of two calves, the property of one Nettie Frishholz; count 2 charges the defendant with the theft of two calves, the property of William Cordoza, and count 3 charges the defendant with the theft of one calf, the property of John Bettincourt.

The defendant’s motion for a new trial having been denied, this appeal is taken therefrom and from the judgment based upon the verdict of the jury finding him guilty in counts 1, 2, and 3.

This appeal presents for our consideration two major reasons why the judgment of the trial court should be reversed, to wit: First, that conviction was had upon the uncorroborated testimony of an accomplice; and, second, alleged error on the part of the trial court in instructing the jury on matters of law.

A careful reading of the testimony set out in the transcript discloses that there is absolutely no…