Robertson

The defendant was accused, in an information filed by the district attorney of Imperial County, of the crime of “Grand Theft, in that on or about the 1st day of November, 1930, in the County of Imperial, State of California, the said Frank Robertson unlawfully took the property of one J. C. Poe, consisting of nine hundred domestic fowls of the value of 11125.00.” He was tried by the court sitting without a jury, found guilty and sentenced to imprisonment in the penitentiary. This appeal is from the judgment and from an order denying a new trial.

It appears from the evidence that about the middle of October, 1930, Paul Robertson, a brother of the appellant, was engaged in the business of buying and shipping chickens in the city of North Hollywood and the appellant, as agent for his brother, was engaged in buying chickens in Imperial County. Taking the evidence most favorable to the respondent, it appears that on October 15, 1930, the appellant, as the agent of his brother, entered into a contract with the complaining witness, J. C. Poe, wherein he agreed to purchase from Mr. Poe 2,000 chickens, with the privilege of culling 200, making a net of 1800 chickens at 85 cents per head.…