GIBSON, C.J.
Defendant was found guilty of grand theft in unlawfully taking $3,064 of the public moneys of Santa Clara County between July 1, 1956, and December 11, 1957. She made a motion for a new trial upon the grounds that "the facts in this particular case do not in fact constitute a crime" and that the court erred in instructing the jury. The judge granted the motion, and the People have appealed from the order. (Pen. Code, § 1238, subd. 3.)
Defendant...
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