Renkin

Defendant was charged, by information, with grand theft in violation of section 487 of the Penal Code. The information also alleged a prior felony conviction. During the course of the trial, and out of the presence of the jury, defendant admitted the prior conviction to be true. The jury found the defendant guilty as charged. Probation was denied and he was sentenced to state prison for the term prescribed by law. Defendant appeals from the judgment of conviction. A summary of the evidence is as follows:

Miriam Miller, the victim of the offense, was an unmarried school teacher, 31 years of age. She was introduced to defendant on September 10,1963, at a bowling alley in Oxnard. This introduction led to an association between them which lasted until October 3, 1963. During this time they saw each other frequently. On September 21, defendant brought up the subject of marriage. On September 26, he formally proposed marriage, and Miss Miller accepted. Miss Miller knew defendant only by the name of Scott Renkin, the name by which he was introduced to her, although his true name was “E. W. Singer’' or “E. Wayne Singer.” Defendant told Miss Miller he had been married only once before,…