People v. Yarbrow

86 Cal. App. 3d 445, 150 Cal. Rptr. 324, 1978 Cal. App. LEXIS 2091

Opinions

Opinion

STEPHENS, J.

There is one issue requiring reversal in this case. We necessarily apply the clear reasoning in People v. Gainer (1977) 19 Cal.3d 835 [139 Cal.Rptr. 861, 566 P.2d 997].

Defendant is entitled to a further comment by this court, albeit advisory only. In case of a retrial, and the giving of an instruction on section 511 of the Penal Code, we see no reason not to give the complete applicable portion of the section rather than omitting a few words:

’’Upon any indictment for embezzlement, it is sufficient defense that the property was appropriated openly and avowedly, and under a claim of title preferred in good faith, even though such claim is untenable.”

The judgment is reversed.

Kaus, P. J., concurred.