Porter

The defendant was convicted of grand and petit theft on three counts of an indictment which was returned against him by the grand jury in Napa County. The indictment charged him with ten separate offenses which were set out in as many different counts. The first count charged him with arson. The remaining counts charged him with grand theft of farm produce and materials. He was convicted on the third, fourth and sixth counts, and acquitted on the remaining charges. This appeal is taken from the judgment which was entered against the defendant on his conviction of the charges contained in the third, fourth and sixth counts of the. indictment, and from the order overruling a motion for new trial.

The defendant was employed from November, 1929, for the period of about a year and a half, as superintendent of a 600-acre farm in Napa County, owned by the Spreckels family and operated in the name of the Monarch Investment Company. During that period of time the ranch produced a considerable quantity of grain, hay and fruit. From time to time, much hay and straw were stored in a large barn which was situated on the premises. The defendant purchased the seed grain, materials and…