Abbott

Defendant (respondent here) was charged with grand theft, a felony, and a jury found him guilty. A new trial was granted after motion therefor and the People appeal.

The case is not free from difficulties. The defendant made some kind of a deal with one John G. Anderson, an old and illiterate man, whereby certain valuable certificates were indorsed to defendant and a promissory note for their face value was given to Anderson by defendant. Anderson testified that he turned the certificates over to defendant for collection and that the note was for the purpose of a receipt. Defendant says the transaction was in the nature of a loan. This produced a sharp conflict in the evidence. After indorsement of the certificates to defendant, he sold them and kept the proceeds. He was charged with grand theft before the due date of the note.

The jury was properly instructed that the charged crime included larceny, embezzlement or obtaining property by means of false or fraudulent representations or pretenses, or by larceny by trick and device.

After carefully reviewing the whole evidence and not only the parts thereof pointed out in the briefs, we have concluded that there was evidence…