People v. Brody

The defendant was accused by the district attorney in an information with the crime of grand theft. In the information a prior conviction was also alleged. The defendant entered a plea of not guilty and denied that he had suffered the prior conviction. The trial was had before the trial court sitting with a jury. During the trial the alleged prior conviction was withdrawn. After the cause was submitted to it the jury returned a verdict finding the defendant guilty of grand theft as charged in the information. The defendant made a motion for a new trial, his motion was denied, and he appealed…