People v. Crain

Defendants were charged with grand theft (§ 487, subd. 1, Pen. Code); the cause was submitted to the court on the transcript of the testimony taken at the preliminary hearing. No additional evidence was offered and neither defendant testified or offered a defense. Both defendants were found guilty of petty theft (§ 488, Pen. Code), a lesser but necessarily included offense. They appeal from the judgments.

Anita Evans, owner of an apartment house, rented an upstairs apartment to defendants on June 1, 1965. The apartment was completely furnished by Mrs. Evans with all necessary items, including…