State v. Sargent

The appellant was convicted of larceny as defined in Rem. Rev. Stat., § 2601 [P. C. § 8944], subd. (2). He contends on appeal (1) that the information did not charge a crime; and (2) that, in any event, the state’s evidence was not sufficient to prove the allegations of the information. The applicable portions of § 2601 read as follows:

“Larceny. Every person who, with intent to deprive or defraud the owner thereof— . . .

“(2) Shall obtain from the owner or another the possession of or title to any property, real or personal, by color or aid of any order for the payment or delivery of property…