Ferrara

The defendant was charged with the crime of grand larceny; he was tried, convicted and sentenced. This appeal is prosecuted by him from the judgment and from an order denying his motion for a new trial.

The defendant and the prosecuting witness, J. Yalmini, met for the first time on the morning of August 15, 1910, in a saloon in Oakland. After taking several drinks together, in company with others, these two men left the saloon and went to a restaurant. While there defendant made conditional arrangements to obtain a room in the house where Yalmini lived, and in the course of conversation with Yalmini, learned from him that he had $2,100 on deposit in a bank, and was looking for a location suitable for conducting a saloon business. Leaving the restaurant an automobile was hired, and they rode to Yalmini’s lodgings. There the defendant secured a room, and having done so suggested to Yalmini that they go down town and draw the money out of the bank, which was done. After getting the money in currency Yalmini, in company with the defendant, went back to his room, and withdrew the money from his pocket, intending to put it in his trunk. At this moment the defendant took the money out…