Robertson

The defendant appeals from a judgment entered pursuant to a verdict finding him guilty of the crime of grand larceny, and from an order denying his motion for a new .trial.

According to the evidence, the defendant obtained from the prosecuting witness, Minnie Benner, the sum of one hundred dollars upon a representation made to her by the defendant that the money was to be paid over by him to blackmailers who, he told her, were threatening a criminal prosecution against the defendant and said prosecuting witness. The evidence tended to show, and the jury evidently believed, that there were no such persons threatening any prosecution and that the representations were falsely made by the defendant in order to impress fear upon the mind of Miss Benner and thereby induce her to give up possession of the money.

Although some assignments of misconduct on the part of the trial judge are contained in appellant’s brief, it appears that no objections were made at the trial to the language used by the court, except in one instance. At that time the judge disavowed any intention to make any comment upon the testimony of the defendant, and instructed the jury that he was not to be understood…