Hardy

This is an appeal from a judgment of conviction of grand theft (§ 487.1, Pen. Code).

In an information filed in Los Angeles on November 15, 1967, appellant herein and Clarence Williams were jointly charged with grand theft in that they did on October 16, 1967, unlawfully steal the personal property of another of a value in excess of $200. Williams was also charged with five prior felony convictions and Hardy was ultimately charged with two prior felony convictions. Each defendant pleaded not guilty and denied the charged prior convictions. The cause was submitted upon a designated part of the transcript of the proceedings had at the preliminary hearing and the further testimony of the victim of the theft and the two defendants. Each defendant was found guilty as charged and *471 each of the charged prior convictions was found to be true and each defendant was sentenced to the state prison, the term as to Hardy to run consecutively to any other sentence he was then serving. A timely notice of appeal was filed by Hardy.

In brief the defendants induced one Gearring to withdraw from his bank account $445 and then defendants engaged in a bunco operation or in what is generally…