Dempster

The appellant was charged by an information in two counts with having embezzled the sum of fourteen hundred dollars and sixteen hundred dollars, respectively. During the course of the trial the judge pointed out to counsel that the commitment of the magistrate was for theft instead of embezzlement. The district attorney thereupon moved the court for leave to amend the information by substituting the words “grand theft” for that of “embezzlement, charging the defendant with the crime of grand theft, a felony instead of embezzlement” and changing the language of the charge to read that the defendant “did unlawfully obtain—lawful money of the United States, the property of one Hazel M. Kiler.”

Defendant’s counsel then agreed to proceed “without having the formal amended pleading before the court” or waiting to have it typewritten, whereupon the defendant was asked to plead severally to the counts charging grant theft and interposed the plea of not guilty to ■ each of them. The trial proceeded; the formal amended information was filed and the jury returned a verdict of guilty on each count. This appeal is prosecuted from the judgment pronounced upon the verdict.

Appellant’s first…