Freer

The defendant was convicted of grand theft. It is contended the evidence fails to support the judgment and that the court erred in refusing to give certain instructions to the jury.

The defendant’s wife, who is named Dolores, but was called Del, was employed as.an entertainer at the Frontier Cabaret in Eureka. She had apartments at the Redwood rooming-house, which she used for assignation purposes. The defendant was a taxi driver. On the night of August 22, 1929, the prosecuting witness Vikan and a companion by the name of Brough visited the Frontier Cabaret, where they met Mrs. Freer and other entertainers. The cabaret closed at 2 o’clock in the morning. The group consisting of Mrs. Freer and Vikan, Brougli and two other dance girls named respectively Annabelle and Florence were driven by 1he defendant in his taxicab to the Splendid Cafe, where they remained for an hour eating and drinking. The defendant was not a member of this party. The entire group then went to the Redwood rooming-house, where for two hours they occupied together the bedroom of Mrs. Freer. The evidence would warrant the jury in assuming that by prearrangement between the defendant and his wife, Vikan was…