265 P. 364 | Cal. Ct. App. | 1928
The defendant was indicted on two charges of grand theft. He demurred to the indictment on the ground that it did not state facts sufficient to constitute a public offense. The demurrer was overruled, whereupon the defendant entered a plea of guilty of both charges, and *647 judgment was entered against him accordingly. This appeal is from the judgment. Both counts of the indictment are in the same form. The first one is as follows:
"The grand jury of the County of Sacramento hereby accuses William Campbell of a felony, to-wit: Grand Theft, in that on or about the ____ day of January, A.D. 1925, in the County of Sacramento, in the State of California, he the said William Campbell, unlawfully took the property of the California Deciduous Fruit Companies, a corporation, consisting of lawful money of the United States, of the value of $687.50."
[1] In appellant's brief it is said: "It requires no argument to sustain the proposition that every unlawful taking of the property of another is not theft." This may be conceded, but the indictment charges more than an unlawful taking. It charges the commission of "a felony, to-wit: grand theft," a crime fully defined by section
It is unnecessary to repeat what is said in the opinions filed in this court January 24, 1928, and February 21, 1928, in the case of People v. Plum,
The judgment is affirmed.
Hart, J., and Plummer, J., concur. *649