Tucker

The defendant was convicted of grand, larceny, and appeals from the judgment and from an order refusing a new trial.

The defendant was informed against for the crime of grand larceny in stealing thirty-five dollars from the person of William L'aughlin, on the eighteenth day of January, 1894.

At the trial Laughlin testified that he and defendant occupied the same room on Wednesday night, January 16, 1894; that witness had in a purse when he went to bed forty-five dollars in gold, and loose in his pocket *442 two dollars in silver. When he went to bed he put his purse and watch under his pillow.

In the morning, when he was half awake, he felt a hand go under his pillow, but thought Tucker wanted to see what time it was. Tucker then shook him and told him it was time to get up. Tucker then said: “You spent a good deal of money last night”; witness then looked at his purse and found twenty dollars gone, and said to Tucker, “ Dick, this won’t do, you must have taken twenty dollars out of there.” Tucker denied taking it, but finally, when witness promised to give him two dollars, Tucker handed him the twenty dollars.

The witness further testified that he and Tucker were about town…