Weizer

Defendant Weizer and codefendant Horton were convicted by a jury of four counts of grand theft. The court suspended proceedings as to Weizer (hereinafter referred to as defendant) and granted 10 years’ probation on condition he spend the first six months in county jail. Defendant appeals from the “judgment.”

*857 Defendant and codefendant Horton were charged with the theft, on four different occasions, of pipe from the Haldeman Pipe and Supply Company. On these occasions Horton, who was in charge of shipping and receiving for the Haldeman company, would arrange to have a load of pipe shipped to a plumbing surplus company owned by defendant. Defendant would then sell the pipe and divide the receipts with Horton.

Jack Manildi, proprietor of Haldeman Pipe and Supply Company, testified that he had never authorized these deliveries to defendant. The comptroller of the company found no record of these transactions. Donald Henry, manager of Haldeman, testified that he began an investigation when, in November of 1962, the company received through the mail a copy of a trucking invoice for pipe delivered to defendant. When no record of such a sale was found, inquiry was made of the…