Meyers

Defendant was charged with the crime of grand larceny, and upon the trial was found guilty. His motion for a new trial was denied, and appeal is taken from the judgment and from the order denying such motion.

The sole point made by the appellant is that the verdict of the jury is entirely unsupported by the evidence.

Briefly, the testimony is as follows:

The defendant George Meyers testified: “I am one of the defendants charged jointly with Arnold and Noelke. I have known Noelke for some time; I first met Arnold on the night of November 23, 1905. Noelke introduced us. About half-past one in the morning of November 24, 1905, the three of us were standing on Mason street in front of the Alturas, where Noelke lived, when Mrs. Hopkins passed by. She was intoxicated and asked us, ‘Which of you is going to buy me a drink ?’ Arnold said that he would do so, and started down the street with her. Noelke and I followed, and the four of us went into a saloon near the Linwood. Arnold sat next to Mrs. Hopkins at the table. We had several drinks, but I did not notice any that appeared cloudy or smoky. We left the saloon about 2:30 A. M. and went into the Linwood, Arnold and Mrs. Hopkins…