People v. Smith

Opinion

THE COURT

Defendant was charged by information with grand theft. (Pen, Code, § 487, subd. 1.) He pleaded not guilty and waived jury trial. The cause was submitted on the preliminary hearing transcript, 1 plus certain other stipulations. The court found defendant guilty. Motion for new trial was denied. Imposition of sentence was suspended. Defendant was placed on three years’ probation conditioned, among other things, on his spending two months in county jail and paying a $500 fine. He appeals from the judgment (order granting probation).

The evidence adduced at the preliminary hearing…