PEOPLE v. NOVELLI

Docket No. 5421.

140 Cal.App.2d 438 (1956)

295 P.2d 505

THE PEOPLE, Appellant, v. JOSEPH A. NOVELLI, Respondent.

Court of Appeals of California, Second District, Division Two.

April 2, 1956.


Attorney(s) appearing for the Case

S. Ernest Roll, District Attorney, Edward L. McLarty and Fred N. Whichello, Deputy District Attorneys, for Appellant.

Maxwell E. Greenberg as Amicus Curiae on behalf of Appellant.

Clifford E. Enger and Le Vone A. Yardum for Respondent.


MOORE, P.J.

Respondent was accused by information of grand theft (Pen. Code, §§ 487-495) in that he feloniously took two certain 1,000 barrel steel oil tanks and other oil well equipment of the value of more than $2,000, the property of Lyndon R. Foster.

He was convicted by a jury but the court granted his motion for a new trial on the grounds that the verdict was against the weight of the evidence and certain instructions were contrary to the law...

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