Witt

This appeal is from a judgment following a court trial in which defendant was convicted of conspiracy to commit grand theft (Pen. Code, § 182) and two counts of grand theft (Pen. Code, §§484, 487). The ease arises out of defendant’s conduct as president of Pacific Trust Deed Association. The indictment upon which defendant was tried is the same one as in People v. Collins (2 CR 9560) ante, p. 626 [ 51 Cal.Rptr. 604 ], Reference to the opinion in that ease will disclose the factual background.

The indictment originally contained 16 counts. Count I charged the defendants Collins, Witt, Barr and Kersting with conspiracy to commit grand theft. The other 15 counts charged one or more of the defendants with grand theft. All pleaded not guilty and were tried before a jury. Barr and Kersting were acquitted. Witt and Collins were acquitted on certain counts and the jury failed to agree on others. Thereafter, on March 28, 1963, Witt pleaded guilty to counts I and XVI. On June 6, 1963, Collins was brought to trial on seven counts and convicted on all of them. Witt then changed attorneys and the court granted him leave to withdraw his plea of guilty. A jury was waived and it was agreed that…