Pollock

Defendant appeals from the judgment entered against him following a nonjury trial resulting in his conviction of the crime of grand theft, four counts, in violation of section 487, subdivision 1, of the Penal Code. He also appeals from the order determining that, as the result of the instant conviction, he had violated the terms of the probation theretofore granted him in a prior proceeding and the judgment entered therein following said revocation.

No point would be served by a lengthy recital of the evidence (which portrays an all-too-prevalent and distressing scene), since it is apparent that the judgment must be reversed and the cause remanded for a new trial and redetermination in the light of the recent decision of our Supreme Court in People v. Dorado, 62 Cal.2d 338 [ 42 Cal.Rptr. 169 , 398 P.2d 361 ], Suffice it to say that the evidence demonstrates beyond any reasonable doubt that appellant perpetrated a bunco scheme whereby he defrauded one Benjamin Kaplan of several thousand dollars.

However, this matter was tried under a stipulation that the People’s case in chief might be submitted upon the transcript of the testimony taken at the preliminary hearing. No further…