California Supreme Court February 15, 1966, Crim. 9515 (In Re Cruz)

BURKE, J.

— Petitioner and a codefendant, Roland Causey, were charged with conspiracy to commit grand theft (count 1) and grand theft (counts 2 through 4). Petitioner alone was charged with an additional count of grand theft (count 5). The jury found both of them guilty on counts 1 and 2 and petitioner guilty on counts 3 through 5; and the jury acquitted Causey on counts 3 and 4.