People v. Palmer

The defendant and Robert Arter were jointly charged with the crime of grand theft. They were tried before a jury and a verdict against both defendants was' returned, but the trial court, on motion, granted this defendant a new trial. From this order the state has appealed on a typewritten transcript.

We take the facts of the case substantially as stated in appellant’s brief, as they are not controverted by respondent. These facts stand' in the record undisputed inasmuch as neither the defendant nor his associate took the stand at the trial and no evidence was offered on behalf of either of them except an ineffectual attempt to prove an alibi in behalf of Arter. This evidence shows that Arter approached the complaining witness on the deck of the steamer on which the latter had just arrived in San Francisco and engaged him in conversation about the weather and the trip on the boat, giving to the complaining witness the impression that he also had arrived on the same steamer. Arter then suggested that he was not acquainted with San Francisco and would like to see some of the places of interest, particularly Chinatown. As the conversation proceeded it was agreed that the two parties…