Cowgill

The defendant B. T. Cowgill was charged by an information filed by the district attorney of Merced County with the crime of grand theft. He entered a plea of not guilty and went to trial before a jury. The jury found him guilty of petit theft. A motion was made for a new trial and denied by the trial court. Defendant was thereupon sentenced to imprisonment in the county jail of Merced County for a period of ninety days and required to pay a fine of $100. From this judgment, and the order denying a new trial, the defendant prosecutes this appeal.

The charging part of the information reads: “That said B. T. Cowgill, on or about the 28th day of August, 1931, at and in the said county of Merced, state of California, and prior to the filing of this information, unlawfully took the property of John Lundquist, consisting of grapes of the value of $2'50.”

Defendant freely admits the taking of the grapes, but insists that they were his property and not the property of the complaining witness John Lundquist.

Defendant formerly owned 20 acres of land in what is known as the “Hilmer Colony”, in Merced County. This property was subject to a deed of trust of $2,000; in October, 1930,…