Sichofsky

In an indictment containing four counts defendant was charged, in the first count, with the larceny of three thousand dollars, the property of O. M. Justice; in the second, with the embezzlement of the same three thousand dollars; in the third, with the larceny of four thousand five hundred dollars, the property of S. Levin; and in the fourth, with the embezzlement of the same four thousand five hundred dollars. He was acquitted of the embezzlement charges and was convicted of the two larceny charges. A separate judgment was entered upon each conviction. From those judgments and an order denying his motion for a new trial he now appeals. He also appeals from an order denying his motion in arrest of judgment, but as that order is not appealable, the appeal therefrom must be dismissed.

It was the theory of the prosecution that though defendant obtained possession of the moneys with the consent of the owners, their consent was obtained through deceit practiced by defendant, and that therefore the larceny was perpetrated by means of fraud and trickery. The case as disclosed by the witnesses for the people is, briefly, as follows: Defendant, posing as a Polish count who had but…