Phillips

Upon an information filed by the district attorney under the provisions of section 538 of the Penal Code, defendant was convicted of grand larceny. He appeals from the judgment and from an order denying his motion for a new trial.

The acts constituting the offense, as set out in the information, were the sale and transfer, at the town of Brawley, Imperial County, of certain live stock consisting of horses, hogs, and cattle, a description of which and their markings and brands is fully set out therein, all of which live stock was at the time subject to a mortgage executed by defendant to one John Cady and by him assigned to the First National Bank of Brawley. The information charges that while said mortgage was in existence defendant “willfully, unlawfully, feloniously and devising and intending to defraud said John Cady and said First National Bank of Brawley, . . . did assign, transfer and sell to the Hauser Packing Company, . . . and to divers persons to affiant unknown, all of said mortgaged property aforesaid, without informing John Cady, . . . the said mortgagee, or . . . the assignee of said mortgagee, of the said sale, and intended sale and transfer of said property, in…