People v. Wickersham

CRAIG, J.

Appellant was charged by indictment consisting of three counts with grand theft, it being alleged that he unlawfully and feloniously stole, took and carried away (1) thirty-two thousand shares of corporate stock, (2) a deed of trust, and (3) two thousand five hundred dollars in money, the property of another. He was convicted upon all charges, a motion for a new trial was presented, which was denied, and he appeals from the judgments and order denying said motion.

[504]

The evidence tended to show that the defendant unlawfully-obtained possession of the personal property mentioned by representations that he was interested in a valuable mine which he had incorporated, and in which he would profitably invest for the owners of the securities and money. It subsequently developed that Wickersham had neither a mine nor a corporation, but that he had surreptitiously secured about seventy thousand dollars worth of property of the complaining witnesses for his own benefit, and converted it to his personal uses and purposes. It is first contended that appellant was deprived of his constitutional rights by the failure of the indictment to inform him as to the manner in which the People intended to show that-he was guilty of grand theft; that is, whether they would attempt to prove that he stole, took and carried away the property of another, or obtained it by false pretenses, or embezzled it. No demurrer was interposed, and the indictment certainly charges the defendant with a public offense. Appellant relies upon article VI of the constitution of the United States, which provides that in all criminal prosecutions the accused shall be informed of the nature and cause of the accusation. That this article is intended to be restrictive of the powers of the federal government is pointed out in

People

v.

Wilson,

26 Cal. App. 336 [146 Pac. 1048].

As far as the evidence is concerned, it is clearly sufficient to justify the jury in believing and deciding that Wickersham committed grand larceny in any of the ways mentioned in section 484 of the Penal Code (as amended by Stats. 1927, p. 1046), except its last specification. Said section reads as follows: