Buelna

I dissent, because in my opinion the evidence is insufficient to support the verdict and judgment.

The defendant in this case was accused by information of grand larceny. He was convicted as charged. From the judgment rendered upon the verdict of the jury, and an order denying a new trial, he appeals. He contends that an instruction of the court in reference to the appropriation of lost property by the finder thereof is erroneous. The language complained of is as follows: “One who finds lost property under circumstances which give him knowledge or means of *137 inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person not entitled thereto, without making reasonable and just efforts to find the owner and restore the property to him, is guilty of larceny.” It is not denied that the instruction is correct as an abstract proposition of law, but it is insisted that it was improper, under the charge contained in the information. The defendant argues that the acts defined in section 485 of the Penal Code constitute a different kind of larceny from that set out in the provisions of section 484 of the same code. The two sections read thus: “ Sec. 484. Larceny is the felonious stealing, taking, carrying, leading, or driving away the…