Hambleton

Following a plea of “not guilty” and trial by jury,, the defendant, Duffy R. Hambleton, was convicted of grand theft in that, on August 16, 1961, he obtained a 1961 Chevrolet automobile by false pretense. His motion for new trial was denied and he was granted four years ’ probation with the first two months in the county jail. On May 31, 1962, defendant appealed from the judgment of conviction and from the order denying his motion for new trial. Pursuant to section 1237 of the Penal Code, as amended in 1961, the appeal from the order denying defendant’s motion for new trial is dismissed. The order granting probation is deemed a final judgment within the meaning of the above named section and the appeal is properly taken therefrom.

Defendant’s sole contention on appeal is that the conviction of grand theft is without support in the evidence. It is apparent that the defendant would have this court reweigh conflicting evidence, which is for the trier of facts, and not within the province of a reviewing court which determines only whether there were sufficient facts proved to warrant the inference of guilt. (People v. Kemp, 124 Cal.App.2d 683 [ 269 P.2d 186 ].)

To establish the…