Lewis

Jay Lewis was accused by information of grand theft consisting of the theft of aluminum ingots of the value of $270. In a trial to the court in which defendant was represented by counsel and did not take the stand in his defense, he was convicted; probation was denied, and he was sentenced to state prison. He gave notice of appeal in propria persona from the judgment and sentence, which we construe only as an appeal from a judgment.

Upon defendant’s application for appointment of counsel, we referred the matter to the Los Angeles Bar Association Committee on Criminal Appeals. A comprehensive report was made to the court by a member of the committee, stating there was no meritorious ground for appeal. From our own examination of the record it appeared that appointment of counsel would be of no benefit to the defendant or to the court. Appointment of counsel was denied and defendant was *244 duly notified and given an opportunity to file a brief. No brief has been filed.

There was evidence of the following facts. On November 21, 1958, 41 aluminum ingots were stolen from the yard of Goldberg Metal Refining Company. They had a value of $270. Each ingot contained an identifying mark…