SCHOTTKY, J.
This is an appeal from a judgment of conviction of petty theft. The sole question presented by appellant is: "May a defendant indicted for grand theft under Penal Code, section 487(3), for the taking of a sheep be convicted of the crime of petty theft under the same indictment?"
Before discussing this question we shall summarize the evidence as shown by the record.
Joseph and Charles Piazza are brothers, Charles residing on a ranch owned...
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