Fay

The three defendants above named were

charged by information in three counts with the crimes of grand larceny, conspiracy to commit grand larceny, and embezzlement, respectively. King and Fay only were tried at the time of the proceedings here presented for review. At the conclusion of the trial, and before the jury retired, the district attorney dismissed the charges of grand larceny and embezzlement. Thereafter the jury returned separate verdicts, acquitting King, and convicting Fay of conspiracy to commit grand larceny. The latter appeals from the judgment and an order denying his motion for a new trial.

It appears that in January of 1926 Mrs. Cassie L. Bush was the owner of $4,700 worth of seven per cent gold bonds of the Witmore Hotel Company, consisting of four bonds of the face value of $1,000 each, one of $500 and two of $100 each. Appellant admits, and the record supports the fact, “that Mrs. Bush suffered larceny of the bonds is clear.”

The defendant Murphy testified for the People, in minute detail, as to conversations which he swore occurred between himself and his co-defendants and two other men named Mott and Goss, and as to their movements before, during and…