Arras

— The defendant was convicted of grand larceny, and appeals from the judgment, and from the order denying his motion for a new trial.

He relies upon two propositions to reverse the case: 1. That the demurrer to the information should have been sustained; 2. That there is a fatal variance between the information and the proof.

The information charges the defendant with grand larceny, in stealing a certain “bank check” drawn by one D. H. Hershey on the Bank of Yolo, in Woodland, ■ California, “in favor of one Pennington, for the sum of $95.50, and which check was then and there of the value of $95.50, and was the property of said Pennington.”

The objections to the sufficiency of the information are extremely technical, and are, in our opinion, without merit. It is claimed, for instance, that the information does not allege that at the time the offense was committed the check was the property of the complaining witness, Pennington.

*226 The language of the information is, that “on or about the seventeenth day of November, 1889, Calvin Arras did willfully, unlawfully, and feloniously steal, take, and carry away certain personal property, to wit, a certain bank check, .... which…