Fehrenbach

The defendant, George Fehrenbach, was informed against with one R. E. McBurnie, for the crime of grand larceny charged to have been committed on the *396 1st of December, 1892, at the city and county of San Francisco, by feloniously stealing the sum of one hundred dollars in lawful money of the United States, the personal property of one Earl L. Cooky

Upon a trial defendant was convicted and adjudged to punishment by confinement for eight years in the state prison. The appeal is from the judgment, and from an order denying a motion for a new trial.

■ Defendant kept what was denominated as the “Pacific Coast Clerks’ Employment Bureau,” at 1118 Market street, San Francisco. McBurnie, who is informed against with him, either by himself or with others, was located at 1122 Market street, and engaged in what defendant specifies as “the real estate and business chance.”

Whether McBurnie was alone in the real estate business,' and a man named Griffith was proprietor of the business chance branch conducted in the same office, is not clear or indeed important.

On the first day of December, 1892, Earl L. Cook had seen a notice of defendant published in a public newspaper that a collector…