Ray

This is an appeal by the People from an order granting a new trial. The defendants were prosecuted upon an indictment in five counts charging the following offenses: First, obtaining of $1,660, lawful money of the United States, from Mrs. E. A. Nulton by false pretenses ; second, larceny of the same sum of money from Mrs. E. A. Nulton; third, embezzlement of $1,660, lawful money of the United States, from the Welfare League of America, a corporation; fourth, embezzlement of $11,000 from the Welfare League of America; fifth, larceny of #11,000 from the Welfare League of America. At the conclusion of the prosecution’s evidence the court held that there was a variance between the pleading and the proof as to the first two counts, dismissed the indictment as to those two counts and ordered them resubmitted to the grand jury. The defendants were convicted upon the third and fourth counts and found not guilty upon the fifth count. Thereupon they made a motion for a new trial, which was granted as to both the third and fourth counts.

The motion for a new trial was not written, but oral, and appears from the record to have been made upon the following grounds: First, insufficiency of the…