People v. Scott

Defendant was convicted after trial before a jury on three counts of grand theft. From the judgment and order denying his motion for new trial, he appeals.

Defendant does not question the sufficiency of the evidence to sustain the finding of guilty on each count but claims that the court erred in (a) giving the jury an instruction on the subject of embezzlement, 1 and (b) refusing to instruct the jury as requested by defendant (1) as to the difference between grand theft and petty theft, 2 (2) that to constitute theft by trick and device the fraudulent intent to convert the property must exist…