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District Court of Appeal, Second District, Division 1, California.


Cr. 2508.

Decided: April 17, 1934

Entenza & Gramer, of Los Angeles, for appellant. U. S. Webb, Atty. Gen., and Bayard Rhone, Deputy Atty. Gen., for the People.

On consideration of the petition for rehearing herein, it is ordered that the third paragraph from the end of the opinion be and it is stricken therefrom; and that in the place and stead thereof, the following be inserted as a part of such opinion, to wit:

“Appellant also asserts that error prejudicial to the substantial rights of defendant was committed by the trial court in giving to the jury certain instructions that were offered by the prosecution, but which instructions failed to contain therein certain elements necessary to the commission of the crime of grand theft. However, since an examination of the record herein discloses the fact that the elements to which appellant refers in substance were contained within other instructions which were given to the jury by the trial court, it is clear that on that account appellant has no just cause for complaint.”

It is further ordered that the petition for rehearing be, and it is, denied.