Peeples

The defendant was charged by information with the crime of grand larceny, it being alleged that he stole an automobile of the value of one thousand two hundred dollars. The appeal is from the judgment of conviction and from an order denying his motion for a new trial.

The only serious point in the case is as to certain conduct of the district attorney during the trial claimed by the appellant to amount to serious misconduct, and to have gravely prejudiced him in the minds of the jury. In his opening statement the district attorney stated that he would prove that certain parts of the automobile in question had been changed, and that the parts substituted for them had been taken from another automobile which also had been stolen. Eepeatedly during the trial the district attorney in questions propounded by him to witnesses incorporated therein references to other stolen automobiles. If he desired to show—as doubtless he did—that parts and accessories of other automobiles had been substituted for parts of this automobile for whatever material bearing such testimony would have on the case, he of course was warranted in doing so; but we can perceive no good reason—indeed no excuse—for…