Schenone

The defendant, having been convicted of grand larceny, appeals from the judgment and the order denying his motion for a new trial.

The principal contentions of appellant are that the court erred in the matter of instructions and that the defendant was entitled to an acquittal, for the reason that the offense, if any, was that of obtaining money by false pretenses instead of grand larceny.

Appellant concedes that “It would be very difficult for us to point out the specific particulars wherein the instructions prejudice the substantial rights of the defendant.” As might be expected from this statement, we find no less difficulty in the premises. The point to which special attention is directed, that is, the importance of instructing the jury clearly in reference to the distinction between these two different offenses received due consideration from the court. For instance, it was declared: “The distinction which the law makes between larceny and obtaining money by false pretenses turns on the question of title. If, when the taking is consummated by the use of trick, artifice or device, the complaining witness, being deceived by the acts or representations of the defendant, parts…