Brown

The defendant was convicted of grand larceny, she made a motion for a new trial, the motion was denied, and she has appealed from the order denying the motion and from the judgment of conviction.

According to the testimony of Raymond Smith, the complaining witness, he was on the evening of June 12, A. D. 1926, in the employ of the police department of the city of Oakland as an operative; that at about 9 o’clock on that evening he met the appellant Hazel Brown at the corner of Third and Lewis Streets in the city of Oakland; that she smiled at him as he passed and shortly thereafter he met her for the second time, whereupon she spoke to him; that they walked together from that point to an old building near the corner of Third and Center Streets in the city of Oakland, where, according to the story of Smith, the appellant asked bim if he had two dollars for the purpose of intercourse; that he gave her the two dollars, but had no intention or desire of accomplishing such an act, but was merely performing his duty as a police operative; that he and the appellant stood there in or near the deserted building for several minutes; that during that time the appellant had one of her hands…