Lorraine

Appellant was convicted of the crime of grand larceny and has appealed from the judgment of conviction and the order denying his motion for a new trial. As grounds for reversal he urges that the trial court erred in ruling upon the admissibility of the evidence and in refusing to give to the jury one of his proposed instructions; that respondent’s attorneys were guilty of prejudicial misconduct in arguing certain matters to the jury, and that the evidence is insufficient to support the verdict. Bespondent has filed no brief, nor was any oral argument presented in support of the judgment, it being stated on behalf of respondent at the time the appeal came on for hearing before this court that the contentions made in appellant’s brief were deemed unanswerable. We have nevertheless carefully examined the record on appeal, including the transcript of the evidence, and have also fully considered the contentions made in appellant’s brief, and in our opinion the points appellant urges are without sufficient merit to demand a reversal of the judgment.

The record discloses that appellant was indicted by the grand jury of the city and county of San Francisco, jointly with Emma Brose and…