Solomon

The grand jury of Los Angeles County returned an indictment charging Frank Solomon, appellant herein, in four counts, with the crime of obtaining money under false pretense, and also with the crime of grand larceny, in four counts. At the time of trial the district attorney dismissed the four counts charging obtaining money under false pretense, and presented the case to the jury on the four grand larceny counts, three of which alleged the taking of money from one Ralph Marcher, while the fourth,. being count eight, alleged the taking of money from one Frederick A. Rose. As to the three Marcher counts, the jury failed to agree, but did return a verdict of guilty upon the Rose count. From the judgment of the court on the verdict of guilty and the order of the court denying his motion for a new trial the defendant appeals.

Appellant urges a reversal of the judgment upon two grounds: First, that the court erred in sustaining the objection of the district attorney to certain questions propounded in cross-examination to one Frank Clayton, who was a witness on behalf of the prosecution; and, second, that the evidence is insufficient to sustain the judgment of conviction of grand…