Davis

The defendant was charged with the crime of grand theft. He waived a jury and upon a trial by the court, he was convicted of the crime charged. He appeals from the final judgment of conviction and the order denying his motion for new trial:

The main contention of appellant is that the evidence was insufficient to sustain his conviction and we shall therefore proceed to a consideration of the evidence produced. We may state in passing that the evidence offered by defendant conflicted in many details with that offered by the prosecution. We may also state that the evidence offered by the prosecution, consisting mainly of the testimony of the complaining witness, contained many discrepancies and inconsistencies. We shall endeavor, however, to deal only with the essential facts as shown by the evidence produced by the prosecution.

The charge against appellant arose out of a real estate transaction. Mrs. Hyland, the complaining witness, was the owner of a piece of real property located in San Diego County. It appears that this property was of the value of approximately $250 and had an assessed valuation of $30. Mrs. Ilyland first entered into a written agreement of exchange with…