Rial

Appellant was charged with having committed the crime of grand larceny. He was convicted and appeals from the judgment entered against him, and from an order denying his motion for a new trial.

It was particularly charged in the information that appellant, on the eighteenth day of February, 1913, in the county of Los Angeles, feloniously stole and carried away forty dollars in money, one draft drawn by the First National Bank of Maseuotah, Illinois, for one hundred dollars, and one certificate of deposit of the First National Bank of the city of Los Angeles for the sum of five thousand dollars, all of which property was alleged to be of the aggregate value of $5,140. By the evidence it was shown that the complainant was a resident of Illinois and that he came to the city of Los Angeles on a pleasure trip; that at one of the depots he met a man who called himself Reed and with whom he had some friendly converse thereafter; that Reed invited complainant to go to Venice, a seaside town in Los Angeles County, and that while there Reed pretended to recognize a man whom they met on the sands, as a person whom he had seen in the East and who he said had won large sums of money on the…