"As to appellant's contention that no intent to steal was shown on his part, it is sufficient to say that proof of intent may consist of reasonable inferences drawn from affirmatively established facts." ( People v. Collins, supra, 172 Cal.App.2d 295, at p. 299; see also People v. Hansen, 84 Cal. 291, 292 [24 P. 117]; People v. Walbeck, 59 Cal.App.2d 277, 281 [ 138 P.2d 405].) There was substantial evidence to support the conclusion of the trier of fact and there is no basis upon which the judgment may be reversed.
[2] (2) The question of felonious intent is one to be determined by the trier of fact from all the circumstances of the case, and unless the determination is without any substantial support in the evidence the trier of facts' finding is conclusive upon an appellate court. ( People v. Walbeck, 59 Cal.App.2d 277, 281 [ 138 P.2d 405]; People v. Deininger, 36 Cal.App.2d 649, 652 [ 98 P.2d 526].) [3] (3) The fact that the property purchased was worth the consideration paid therefor does not constitute a defense to the charge of grand theft if the jury believed, supported by substantial evidence, that defendant with intent to defraud, knowingly made false representations that certain facts existed for the purpose and with the effect of inducing the prosecuting witness to part with something of value.
It alleged that on October 27, 1942, she was incarcerated in the San Bernardino County Jail (in connection with a charge of grand theft of the furniture in the house involved). (See People v. Walbeck, 59 Cal.App.2d 277 [ 138 P.2d 405]); that she had been ill and under the care of a physician prior to that time; that after her incarceration her asthmatic condition became worse; that on November 9, 1942, she contracted a severe cold and carried a high fever; that on November 10, 1942, while in such condition, she was handed some papers in the jail by a man; that due to the fact that she did not have her glasses with her she was unable to read; that one of the inmates looked at the papers for her and she advised her it was "some sort of a law suit"; that she arranged to and did forward the papers to her minor daughter for her attention; that she did not know that the time to answer was only three days; that she advised her daughter to obtain an attorney; that the next thing she knew a judgment by default had been obtained against her. Alice Burns, aged 17, minor daughter of defendant Laura B. Walbeck, filed her affidavit and alleged that on November 11, 1942, her mother sent the copy of the summons a
Since the amendment to section 274 of the Penal Code in 1935, it has not been necessary to prove that the woman on whom the operation was performed was pregnant at the time of the commission of the offense. ( Rinker v. State Board of Medical Examiners, 59 Cal.App.2d 222, 224 [ 138 P.2d 405]; People v. Emery, 79 Cal.App.2d 226, 231 [ 179 P.2d 843].) The performing of the operation with the intent on the part of the accused person to produce or procure a miscarriage constitutes the offense even though the woman on whom the operation is performed is not in fact pregnant.