Proctor

Defendant is charged in the information with the crime of grand larceny committed on the nineteenth day of December, 1904, by feloniously stealing, caking, and carrying away one hundred and eight dollars in gold and silver coins, the property of Emeline Tyson. He was found guilty as charged, and sentenced to a term of six years in San Quentin. His motion for a new trial was denied, and he prosecutes this appeal from the judgment and order denying his motion.

The facts relied on to sustain the verdict are stated by the prosecuting witness, Emeline Tyson, and are in substance as follows: Emeline Tyson was past seventy-six years of age on Friday, December 16, 1904, when she first met defendant at Niles station and had a moment’s conversation with him. He came to her house, which was about one mile from the station, the following morning, and sold her a pair of spectacles. While there they engaged in a general conversation. He told her that he had been a widower for about fifteen years, had traveled around a great deal, but was tired of liv ing that way, that she was just the woman he had been looking for, that it was a ease of “love at first sight.” His lovemaking seems to have been…