Morton

The appellant was charged with the crime of grand theft in violation of section 487, subdivision 1, of the Penal Code. In the information it was alleged that during the period of about October 1, 1959, to January 1, 1960, he, while an employee, servant and agent of “Aero Quip Mfg. Co.,” feloniously took personal property of that company. At his trial, his right to trial by jury was waived and, by stipulation, the cause was submitted on the testimony contained in the transcript of the preliminary examination together with certain exhibits, with the right reserved to each side to offer additional evidence. The appellant was found guilty. The imposition of sentence was suspended and he was placed on probation for five years, one of the conditions thereof being that he spend the first 90 days of the probationary period in the county jail. The appeal is from the judgment, the order granting probation being deemed to be a final judgment for the purpose of appeal under the provisions of section 1237 of the Penal Code. The appellant’s sole contention is that the evidence was insufficient to support a determination that theft had been committed by the appellant as charged in the…