Ashrawy

Defendant was charged with the crime of grand theft in an information containing two counts, the first of which charged the theft on or about August 7, 1930, of merchandise of the value of $3,200 belonging to the firm of Dibbs & Maloof, and the second, the theft of merchandise of the value of $1750 belonging to the firm of Haboush Brothers & Kaydouh, on the same date. The plea was not guilty and not guilty by reason of a previous acquittal, to both counts. The jury returned a verdict of not guilty on the second count and of guilty on the first. Motion for new trial as to count I was denied, and judgment of conviction having been entered thereon, defendant has appealed.

Appellant was charged in a prior indictment with three counts of grand theft, such indictment being the same as in the instant case except that here the theft of different merchandise belonging to two firms not mentioned in the first instance is charged. At the present trial counsel for appellant offered a stipulation, which was accepted by the prosecution, to the effect that the People offered testimony at the first trial in support of substantially the following facts: That during the year 1928 defendant obtained…