People v. Dadmun

SHAW, J.

An indictment presented by the grand jury against defendant charged him with grand larceny in that

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it is alleged that he “did willfully, unlawfully and feloniously steal and carry away a certain” grant deed signed and acknowledged by one George W. Webb, wherein defendant was named as grantee, which deed, if properly delivered, was sufficient in form and substance to convey to defendant the title of Webb to the property described therein, alleged to be of the value of ten thousand dollars, which “grant deed and the said property therein described and the title to which was thereby shown and conveyed,” as alleged, “was then and there the property of said George W. Webb, and which said deed was “a written instrument showing and conveying the title to certain real property” therein described.

The sustaining of defendant’s demurrer followed by judgment thereon, from which the people appeal, presents the question as to whether or not the stealing of a grant deed by one named therein as grantee (the value of the property described therein, and not the value of the deed, being alleged) constitutes grand larceny. The contention of appellant is that the indictment charges the offense of grand larceny under and pursuant to the provisions of section 492 of the Penal Code, which is as -follows: “If the thing stolen consists of any evidence of debt, or other written instrument, the amount of money due thereupon, or secured to be paid thereby, and remaining unsatisfied, or which in any contingency might be collected thereon, or the value of the property the title to which is shown thereby, or the sum which might be recovered in the absence thereof, is the value of the thing stolen.” This section does not purport to define any offense, but merely prescribes a rule of evidence for ascertaining and fixing the value of the article stolen. The offense, as defined by section 484 of the Penal Code, consists in “the felonious stealing, taking, carrying, leading, or driving away the personal property of another.” When the property thus taken is of a value exceeding fifty dollars it constitutes grand larceny. (Pen. Code, sec. 487.) If it be of a value of less than fifty dollars, unless the act falls within the provisions of subdivisions 1 and 2 of said section 487, it is petit larceny. The value of the article stolen, as alleged in the indictment, fixes the grade of the offense.