Allen

Appellant was accused by information of four counts of grant theft. In Count II, it was alleged that he took $750 from Fred M. Harrison on or about July 3, 1957, and in Count IV, it was alleged that he took $2,100 from Guy F. and Frances L. Gilson on or about May 31, 1957.

The cause was submitted on the testimony contained in the transcript of the proceedings had at the preliminary hearing, subject to the right to introduce further evidence, and to all legal objections by appellant. The People introduced no further evidence, appellant put on witnesses and testified in his own behalf, and in a nonjury trial was found guilty as charged in Counts II and IV, and not guilty as to Counts I and III. The court further found the allegations of four prior felony convictions to be true. Appellant now appeals from the judgment and from an order denying his motion for a new trial

During 1957 appellant was the operator of a restaurant known as the East Side Grill. The restaurant was part of the physical plant known as the East Side Hospital and appellant was a concessionaire as to the Grill. The premises of the Grill, which was part of the hospital operation, were owned by the Allied Hospital…