Kelley

Appellant was found guilty on six counts of an information charging grand larceny. The alleged crimes, as shown by the evidence, consisted in the obtaining of money from certain persons through the operation of a trick or device, by means of a fictitious firm, or partnership, for the transaction of a pretended business, in connection with which the victims were induced to yield possession of their money to the defendant.

The principal grounds of appeal as indicated by the briefs are: (1) Errors in admitting* testimony to add to, controvert, or vary the terms of certain written instruments; (2) refusal to give three instructions requested by defendant; (3) that the verdict is contrary to law and the evidence in several stated particulars. The nature of the case may be illustrated by the evidence concerning count one, which charged larceny of the sum of $500, belonging to one Agnes Lubeck. On the third day of December, 1925, Mrs. Lubeck executed and delivered to the defendant her check for the sum of $500, which in due course was paid to the defendant. At the same time, she and the defendant executed a contract in writing, the one with the other, reading as follows:

The following…