People v. White

VAN DYKE, J.

Appellant was charged with the commission of six felonies. The six counts of the information charged; 1. Grand theft by the stealing of five dairy cows, the property of one Genser; 2. Violation of section 470 of the Penal Code by forgery of a bill of sale pertaining to three of the same cows; 3. Violation of section 435 of the Agricultural Code in that, with intent to steal those cows and to prevent identification by the owner Genser, appellant marked and branded them with a brand or mark other than the recorded brand and mark of Genser, to wit, the recorded brand and mark of appellant; 4. Violation of the same section of the Agricultural Code in that appellant, with intent to steal and to prevent identification by the true owner of said cows, altered and defaced the existing brands or marks of Genser upon them; 5. Grand theft in the stealing of a Hereford bull, the property of one Brazelton; and 6. Violation of section 470 of the Penal Code in that appellant forged a bill of sale pertaining to said animal. It was further alleged in the information that before the commission of the above offenses appellant had been convicted of burglary in Texas in 1931, and had been sentenced to serve and had served a term of imprisonment therefor in the Texas State Prison at Huntsville.

Appellant entered a plea of not guilty as to each count and admitted the prior conviction. Upon a trial by jury appellant was found guilty as to each count. Application for probation was made and denied and the court thereupon sentenced appellant to imprisonment for the term prescribed by law as to each count and directed that these sentences run consecutively. From this judgment and from the order denying motion for new trial the appellant appeals.

[838]

The stealing of the dairy cows was shown by sufficient evidence to have occurred May 8, 1949. Three of them were thereafter sold to one Cecil, the sale being made at Basford Canyon near Vacaville, to which place appellant had transported the cattle. The first four counts in the information pertain to appellant’s activities in connection with the theft, transportation, handling and sale of these cows. The last two counts have to do with the stealing of the Hereford bull and its sale to a slaughterer in Woodland. It appeared that the remaining two cows were taken by appellant to Elk Grove and offered for sale at a price which excited such suspicion that the matter was referred to the Sacramento County Sheriff, which reference started the investigations leading to the apprehension of appellant.