Dedrick

Defendant appeals from judgment of conviction after verdict, of violation of sections 484-487, Penal Code (grand theft).

Questions

1. Sufficiency of evidence.

2. Was defendant sufficiently warned of his right to an attorney to admit his extrajudicial statements?

Evidence

Defendant was charged by information with having wilfully and unlawfully taken $7,000 from one Otto Will on October 14, 1965.

Otto Will, the complaining witness, was a retired rancher 87 years of age and a resident of Santa Rosa since 1949. In the Summit Savings and Loan he had $24,900 on deposit, money received from inheritances. He had known defendant for only a few months. He had made defendant certain prior loans, one for $2,000 to enable defendant to buy a Chevrolet, another for $800 to enable defendant to pay his bills, and another for $500 for an unnamed purpose.

On or about October 14,1965, defendant represented to Will that he had bought a house on which he had made a down-payment and that if within a day or two he did not pay the *752 remainder of the purchase price, $7,000, he would lose both the house and the downpayment. Because defendant was a friend and because he promised to repay the loan,…