Spadoni

The defendant was charged by information with grand larceny, committed by stealing three-horses, and was tried and found guilty as charged. He moved for a new trial, which motion was denied, and he was thereupon sentenced to imprisonment in the state prison. This appeal is from the judgment and from the order denying the motion for a new trial.

It appears from the record that one Dan Biscarro had been tried for the same larceny. He pleaded not guilty, but strong and convincing evidence was introduced against him, and he was found guilty. At the trial of this defendant in this case Biscarro was a witness, and confessed the crime, but testified that he committed it at the instance of defendant and for him, and that in its commission he was aided and abetted by defendant; that defendant had told him that he needed five or six horses, and asked him on several occasions to steal them for him; that finally he consented to do so, and stole and delivered to the defendant the three horses in question, receiving therefor from him the sum of $80. It was principally upon the testimony of this accomplice that defendant was convicted, and the chief point in the case is, Was that testimony…