PEOPLE v. McCLAIN

Docket No. 3205.

140 Cal.App.2d 899 (1956)

295 P.2d 952

THE PEOPLE, Respondent, v. HAROLD F. McCLAIN, Appellant.

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

April 19, 1956.


Attorney(s) appearing for the Case

Benjamin F. Marlowe for Appellant.

Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, Raymond M. Momboisse, Deputy Attorney General, J. Frank Coakley, District Attorney (Alameda), Francis W. Vukota and Zook Sutton, Deputy District Attorneys, for Respondent.


NOURSE, P.J.

The defendant was tried to a jury on an information framed on four separate counts — two charging grand theft, and two charging the issuance of fictitious checks. The jury found him guilty on the first count, and not guilty on the other three. His motion for a new trial was denied, and he was admitted to probation with directions to restore the embezzled money.

There is no material dispute in the evidence. The verdict rests largely on the...

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