Shaughnessy

An information was lodged against John Shaughnessy, the defendant and appellant here, by the district attorney of the city and county of San Francisco, charging him with the crime of grand larceny, alleged to have been committed at said city and county on the first day of September, 1894, by the felonious stealing, taking, and carrying away two thousand and eighty dollars, etc., the personal property of one Charles Anderson.

He was arraigned, tried, convicted, and sentenced to serve a term of four years in the state prison at Folsom, California.

From this judgment and from an order denying his motion for a new trial the defendant prosecutes this appeal. A general outline of the case as made by the prosecuting witness, Charles R. Anderson, may be stated thus: In July, 1894, said Anderson made the acquaintance of the defendant Shaughnessy, who professed to be familiar with games and gaming, and who was without ' money, while Anderson had, or professed to have, some four thousand dollars. The prosecuting witness had a wheel of fortune manufactured, and there were negotiations between the parties looking to a trip to South *600 America for gambling purposes, Anderson to furnish the…