Burns

Defendant was convicted upon an information charging him with the crime of grand larceny. He appeals from the judgment and an order denying his motion for a new -trial.

It appears from the record that -about March 1, 1910, the complaining witness, Frank Brayer, a German laborer having little knowledge of the English language, went to San Diego from Los Angeles and for eight dollars per month secured a room in a lodging-house conducted by defendant and his wife, with neither of whom prior to such time was he acquainted. At this time Brayer had $135 in cash and on deposit with the Security Savings Bank of Los Angeles the the sum of $1,500, and also had on deposit with the German-American Savings Bank of Los Angeles the sum of $2,040.

From the time Brayer entered defendant’s lodging-house he indulged in the excessive use of liquor, as a result of which he wasi in -a continuous state of intoxication, which rendered him during a great part of the time both physically and mentally helpless. About March 15th, while in this condition of incapacity, he authorized a transfer of $1,000-from the GerrnanAmerican- Savings Bank to the Bloehman Banking Company in San Diego, signing a receipt…