Edwards

—Defendant was convicted of the crime of grand larceny. He appeals from the judgment and from an order denying him a new trial. He also appeals from an order denying his motion in arrest of judgment, but as that is not an appealable order the appeal therefrom must be dismissed.

By an information containing three counts defendant was charged with three separate acts of grand larceny. In the first count he was charged with the larceny of $500 on July 2, 1923; in the second count with the larceny of $250 on July 5, 1923, and in the third count with the larceny of $150 on July 27, 1923. In e'ach instance the money was alleged to be the property of one Frances Benoit. Defendant was acquitted of the offenses charged in the first and second counts and was convicted of the crime charged in the third count. It was from the judgment of conviction on that count that he appeals. He claims: (1) that the verdict of guilty is contrary to law and to the evidence; (2) that the court erred (a) in admitting certain evidence over his objection, (b) in giving a certain instruction and (e) in refusing to give certain instructions requested by him.

An outline of the case, sufficient for an…