Dempsey

Convicted by a jury under an information filed in the superior court of Sacramento County, charging her with the crime of grand larceny, the defendant prosecutes an appeal from the judgment of conviction and the order denying her motion for a new trial, and specifies as the grounds upon which she is entitled to a reversal that the evidence is insufficient to support the verdict and that the court erred in admitting certain testimony.

The specific charge was that the defendant took from the person of one Edwin McKay a wallet containing $16 in currency, consisting of a $10, a $5, and a $1 bill. (Sec. 487, subd. 2, Pen. Code.)

The story as told upon the witness-stand by said McKay is in substance as follows: That on the evening of January 5, 1923, about the hour of 9 o’clock, he started from the residence of a friend on Tenth Street, between G and H, in the city of Sacramento, and proceeded toward the residence of his cousin at 816 Eleventh Street in said city. He was walking on the south side of H Street, between Tenth and Eleventh, when he saw two colored women, one of whom was the defendant, coming down the steps of a house near Eleventh and H Streets. He proceeded, walking on…