Lepori

One Fassio was held to answer in the police court of the city of Oakland, on the ninth day of August, 1910, by a commitment reciting that: “It appearing . . . that the offense, felony, to wit, grand larceny, has been committed, etc.” The complaint in the police court charged Passio with grand larceny in stealing, taking, and carrying away personal property, to wit: six hundred dollars and fifteen cents. On the twenty-third day of August, 1910, the district attorney filed an information, charging Passio with stealing, taking, and carrying away from the person of one Giambattista personal property, to wit, six hundred dollars and fifteen cents. On the twenty-fourth day of August, 1910, the defendant in this case executed a bond obligating himself to pay to the people of the state of California the sum of two thousand dollars in case Passio failed to appear and answer the crime of grand larceny, as charged in the information. Passio failed to appear on the day set for trial and the court ordered and declared the undertaking on bail forfeited. Subsequently, judgment was entered in this action against the defendant, and the appeal is from the judgment and from the order denying a new…