People v. Bailey

— Defendant was found guilty of grand theft in unlawfully taking $3,064 of the public moneys of Santa Clara County between July 1, 1956, and December 11, 1957. She made a motion for a new trial upon the grounds that “the facts in this particular case do not in fact constitute a crime” and that the court erred in instructing the jury. The judge granted the motion, and the People have appealed from the order. (Pen. Code, § 1238, subd. 3.)

Defendant did not testify, and she does not claim there is any material conflict in the evidence. It appears that since 1954 she had been receiving welfare…