Henry

The defendant was charged by an indictment of fifteen counts, each of which charged him with the offense of grand theft of various moneys, stocks and securities of Frances Graham Rice. The different times at which the property was taken were from January 2, 1931, to the seventeenth day of O'ctober, 1931, and the total amounts alleged in the several counts aggregated $11,500. He was found guilty by a jury upon eight of the counts and acquitted as to the others by direction of the trial court.

In brief, the testimony discloses that Frances Graham Bice was a woman of the age of ninety-four years, penurious, impaired in vision to the extent that she could with difficulty read large print and write her name, suffering with senile dementia, and incompetent to transact the ordinary affairs of life. Owing to her physical and mental condition, it was necessary for her to live under the supervision and care of a nurse. She appeared to be growing progressively worse, and appellant first learned of Mrs. Bice from her nephew, who expressed the fear that guardianship proceedings would have to be instituted which might result in her being committed to some sanitarium or other institution.…