Comyns

Defendant was convicted of grand larceny. Upon this appeal he urges but one ground for .reversal; that is an alleged error of the trial court .in instructing the jury.

The court charged the jury as follows: “If you are not satisfied that he (defendant) is guilty of the offense charged against him, your verdict will be guilty.”

Thereupon the attorney for the defendant asked: “ Does your honor say to the jury that petit larceny is not embraced in the charge?” To which the court answered: “ Precisely.” To this ruling defendant’s counsel entered his exception, and urges it as error upon this appeal.

The jury returned a verdict: “ We, the jury, find the defendant guilty as charged.”

It appeared by the record that defendant "and one James Goggins were charged with having upon the twenty-second day of August, 1895, stolen various articles, principally jewelry, which articles in the aggregate exceeded in value the sum of fifty dollars. Defendant demanded and obtained a separate trial. Upon the trial it was shown that the articles in question were taken from the house of Charles F. Tay. Neither Tay nor his family was living in the house upon August 22d, nor had they been for some time…