...proof, and conviction erroneous. Penal Code, § 528, defines larceny as follows: "A person who with intent to deprive or defraud the true owner of his property, or the use or benefit thereof, or to appropriat the same to the use of the taker or any other person,...

...distinction between the two sections. Under section 528 the important element of the offense consists in " the intent to deprive or defraud the true owner of his property," which is distinctly alleged in the pending indictment. Section 470 docs not require any such intent...

...found in section 528 of the Penal Code, which reads as follows: "Section 528. Larceny defined. — A person who, with the intent to deprive or defraud the true owner of his property, or of the use or benefit thereof, or to appropriate the same to the use of the taker, or of any other person, either...

...defendant was arraigned before him is fatally defective, because it fails to charge that the taking was "with the intent to deprive or defraud the true owner of his property" ; and, fifth, that the information does not charge, and the evidence does not establish, the commission...

...before the Penal Code was passed. The section, it will be observed, begins with the statement that "a person who, with the intent to deprive or defraud the true owner of his property," etc., does the acts specified, shall be guilty of larceny. To constitute guilt, there must be evidence...

...Larceny is defined in section 528 of the Penal Code, where it Is provided that "a person who, with intent to deprive or defraud the true owner of his property, or of the use and benetit thereof, or to appropriate the same to the use of the taker, or of any other person, either...

...ground of defense. M8. Intent to restore property. 550. Knowingly receiving. S 528. Larceny defined. — A person who, with the intent to deprive or defraud the true owner of bis property, or of the use and benefit thereof, or to appropriate the same to the use of the taker,...

...constrained to distinguish them in principle." And consequently, by section 528, it was provided that a person who, with the intent to deprive or defraud the true owner of his property, or of the use or benefit of, or to appropriate the same to the use of the taker or of any other person, either takes...

...corporation, is clearly sufficient. The indictment is under section 528 of the Penal Code which provides that "A person who, with the intent to deprive or defraud the true owner of his property * * * takes from the possession of the true owner, or of any other person ; or obtains from such possession...

...fell within the first paragraph of section 528, of the Penal Code, which provides: "A person who, with intent to deprive or defraud the true owner of his property, or of the use of and benefit thereof, or to appropriate the same to the use of the taker, or any other person, either...