Edwards v. Pierson

Charles Jesse Thompson was accused by information of petty theft with a prior felony conviction of forcibly assaulting a United States customs officer. (Pen. Code, § 667.) By separate information, his brother, David L. Thompson, was accused of petty theft with a prior conviction of petty theft. (Pen. Code, § 666.) Defendants pleaded not guilty and each cause was submitted to the court on the transcript of the preliminary hearing. No defense was offered in either case. The court found defendants guilty as charged in the two informations and each was sentenced to imprisonment in the county jail for the term of one year. Defendants appeal from the judgments of conviction. Although there are separate appeals the defendants were together when the offenses were committed and the evidence against each was substantially the same. The sole contention in each case is that the evidence was insufficient to prove the offense of theft.