Terramorse

This is an appeal from a judgment of conviction of the defendant of petit larceny, and from an order denying a new trial.

The defendant was charged with the crime of grand larceny, consisting in the alleged larceny of a diamond scarf-pin, cuff-links, a silver portrait frame, a suitcase, a revolver and certain articles of wearing apparel, the property of one J. B. Molerá. The evidence offered in support of the charge tended to show that the defendant had entered into certain meretricious relations with the wife of said Molerá during the absence of the latter from his home on a trip to Alaska, which culminated in the defendant and Molerá’s wife going off to New York together, and that it was while these relations existed and this trip was taken by the pair that the above- mentioned articles, the separate property of the husband, were appropriated by the defendant with the connivance and consent of the wife.

The nature of the case as thus outlined required the presentation of proof as to the adulterous relations between the defendant and the wife of Molerá, involving not only a large volume of evidence in support of the theory of the case held by the prosecution, but also involving…