Wood

The exception to the rulings of the court, on- the defendant’s objections to the introduction of evidence of other independent transactions, between him and persons other than the prosecuting witness, similar in character to the one which constitutes the basis of the charge on which the defendant was tried and convicted, merit careful consideration.

The defendant was charged with larceny. Whether he was guilty depended on the character of a transaction between him and the prosecuting witness, by which the latter transferred the possession of a certain sum of money to the former. If it was the understanding of the parties that the property in the money, as well as the possession of it, should pass, the fraudulent acquisition and subsequent use of it would not constitute larceny. Proof that the defendant had obtained money from other persons by means similar to those which he employed to obtain it from the .prosecuting witness might tend to show that the defendant was a great knave, but would not tend to show that he did not obtain the property in the money, as well as the possession of it, by fraudulent means. The question is, Was it the understanding that the 'title to the money…