Brose

The defendant was convicted of the crime of grand larceny and has appealed on a typewritten record. She claims the evidence is insufficient to sustain the verdict and that the verdict is contrary to the evidence; that the verdict is contrary to law and the evidence; that the trial court misdirected the jury in a matter of law; and the trial court erred in the decision of questions of law arising , during the course of the trial. The respondent has answered these points under two subtitles, namely, “Sufficiency of the evidence” and “Instructions.” We will take up the points in the form and order as last stated.

As to the sufficiency of the evidence it should be stated in the very beginning that the uncontradicted story is to the effect that on the evening of the 27th of October, 1925, in apartment number 401 of the Braeburn Apartments there were taken from the fingers of Eva Flemming, the complaining witness, six1 diamond rings of the total value of sixteen thousand dollars. The point presented by the appeal raises solely the question as to who did the taking. On the trial Eva Flemming took the stand and was examined and cross-examined as to the facts. Among other things she…