Hennessey

By the indictment filed against them the defendants were jointly charged under forty-six counts with the commission of a like number of separate and distinct crimes of grand larceny, aggregating $158,000 in money or its equivalent. Thirteen of said counts were withdrawn from the jury’s consideration. As to the remaining counts defendants were convicted under thirty and acquitted under three. The total amount of money set out in the several counts upon which convictions were had is $87,000. The judgment pronounced by the court under each count upon which a conviction was obtained provides that the sentences shall run consecutively.

Both defendants have appealed from the judgments of conviction and from the order denying the motion of each for a new trial.

The most forceful argument pressed by appellants is that granting for the purpose of argument, but by no means conceding as an established fact, that the evidence is sufficient to establish the commission of some crime—obtaining money or property by false pretenses, as an example— against the defendants, under no theory or view of the law can it be said that the acts as related by the evidence con stitute the crime of larceny as…