People v. Simms

A fivecount indictment was filed against defendant. Bach, count accused him of the crime of felony, grand theft (Pen. Code, §§ 484 and 487.) After a jury trial he was found guilty of the crimes as charged in counts three and four and not guilty of the crimes charged in counts one, two, and five. His motion for new trial was denied and he was granted probation. He appeals from the order granting probation and from the order denying his motion for a new trial.

Count three stated that on or about October 5, 1953, appellant took $500, the personal property of Lloyd Stark. Count four stated that on…