Appleton

Defendant's main contention is that the evidence did not warrant a conviction of grand larceny—the amount taken being less than fifty dollars—because, as contended, it did not show that the money was taken from the person of Nolan.

At the time the larceny is supposed to have been committed Nolan was in a drunken sleep on a doorstep. Between 2 and S o’clock in the morning defendant and a companion were discovered standing on the sidewalk, very near the sleeping man, in a suspicious manner; they were watched, and seen to move away a short distance and then stop for a few moments by a fence, after which they started off down the street, when defendant was arrested, his companion running away and escaping. Nolan was immediately aroused and it was found that his left trousers pocket was turned inside out and empty. The last he remembered before going to sleep, his purse, containing six or seven dollars in silver coin, w'as in the pocket. After daylight a search revealed the empty purse inside the yard by the fence near the point where defendant and his companion had been seen to stop.

While entirely circumstantial, this evidence fully justified a. finding of a taking from the person.…