People v. Clauson

Defendant was convicted after jury trial upon an information charging him with the crime of grand theft. His motion for a new trial, based on the ground of newly discovered evidence, was granted by the trial court and the People appeal. (Pen. Code, § 1238 subd. 3.)

The Evidence

The evidence relevant to consideration of the issue on appeal shows that on Saturday, November 4, 1967, defendant was at the auto shop of Ronald Craig in Chico, California. During a conversation between the two men, defendant remarked that he planned to sell his 1966 Dodge automobile and purchase a new Chrysler at…