Harold

This is an appeal from a judgment and order denying defendant’s motion for a new trial.

Defendant was convicted upon a charge of grand larceny for the stealing of $145 from one W. H. Ranes.

The only point urged for a reversal is that the evidence establishes a case of obtaining money by false pretenses rather than a case of larceny.

There is no merit in appellant’s contention. The evidence shows that through the fraud, trick and device of defendant the prosecutor was induced to agree to purchase from one Davidson certain moving picture films of little or no valúe for $150. The prosecutor went with appellant to a room occupied by said Davidson to complete the purchase, and there the prosecutor handed to appellant the sum of $145 to be paid to Davidson for the films. Appellant handed some of the money to Davidson, but put the balance, probably half of it, in his own pocket. The evidence justifies the conclusion that appellant and Davidson were fellow-conspirators operating together to fleece the prosecutor out of his money, and that when appellant obtained and received the money from the prosecutor he intended to feloniously steal the same. The claim of appellant that title…