McGowan

The defendant was tried upon an information containing a number of counts charging petty larceny, together with a count charging a previous conviction of a felony. The defendant pleaded guilty to the count charging a prior conviction, and was found guilty on counts Nos. 10 and 11, charging petty larceny. The appeal is from the judgment of conviction, and from the order denying the defendant a new trial.

Count 10 charges that the defendant, in the state of Oregon, stole and carried into the state of California, certain personal property belonging to one James Le Clair, to wit: “One gill net of the reasonable market value of $80.00, more or less, lawful money of the United States, and said defendant did then and there bring and transport into the County of Del Norte, State of California, the said personal property hereinabove described, contrary,” etc.

Count 11 charges the commission of petty larceny by the defendant as follows: “Said Clyde McGowan, on or about the 1st day of August, 1931, at Wedderburn, Curry County, State of Oregon, wilfully, unlawfully and feloniously took, stole and carried away the following described personal property belonging to one Arthur Hanseth, to-wit:…