Abbott

The prisoner having been found guilty by the jury of the offense of grand larceny, in stealing a certified check alleged in the indictment to have been the property of “ The Anglo-California Bank (Limited),” a corporation existing and doing business in that name, was awarded a new trial by the Court below, and this appeal, is prosecuted by the People from the order granting the new trial.

The motion was based upon many grounds, but a careful examination of the record discloses that, with the exception of the one which will be presently considered, none of them find any support in point of law or fact, and they will not, therefore, be further noticed.

The indictment alleges 'that the prisoner did feloniously steal, take, and carry away a certain written instrument, the property of the Bank, which written instrument was in the words and figures following:

And the principal point made at Bar, and upon which it is understood that the Court below granted the new trial, is that it did not sufficiently appear at the trial that the instrument set forth in the indictment as the subject of the larceny was the property of the Anglo-California Bank.

The circumstances shown at the trial…