People v. Brose

STURTEVANT, J.

The defendant was convicted of the crime of grand larceny and has appealed on a typewritten record. She claims the evidence is insufficient to sustain the verdict and that the verdict is contrary to the evidence; that the verdict is contrary to law and the evidence; that the trial court misdirected the jury in a matter of law; and the trial court erred in the decision of questions of law arising , during the course of the trial. The respondent has answered

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these points under two subtitles, namely, “Sufficiency of the evidence” and “Instructions.” We will take up the points in the form and order as last stated.

As to the sufficiency of the evidence it should be stated in the very beginning that the uncontradicted story is to the effect that on the evening of the 27th of October, 1925, in apartment number 401 of the Braeburn Apartments there were taken from the fingers of Eva Flemming, the complaining witness, six1 diamond rings of the total value of sixteen thousand dollars. The point presented by the appeal raises solely the question as to who did the taking. On the trial Eva Flemming took the stand and was examined and cross-examined as to the facts. Among other things she testified that she was an insurance broker and in that capacity became acquainted in the fall of 1924 with the appellant and appellant’s husband, Fred Brose. At that time, and indeed at nearly all times, she wore the rings continuously. After their first meeting Fred Brose took out an insurance policy through the solicitation of his wife, and caused Miss Flemming to issue the policy and accept Ms promissory note temporarily in payment of the first premium. Later the defendant caused Miss Flemming to issue to her an insurance policy and to accept a promissory note temporarily in payment of the first premium. In September, 1925, the defendant commenced extending invitations to Miss Flemming, asking her to attend parties and dinners. She extended many of them. On the 24th of October, 1925, Jack Lorraine rented the Braeburn Apartment for the period of one week under the name of Mr. Laury. Jack Lorraine is referred to by both parties as a known crook. The defendant testified that she had known him some months and that Lorraine had been arrested and that the defendant had gone on his bail a short time before the following incidents occurred. On the evening of October 26, 1925, the defendant telephoned an invitation asking Miss Flemming to come to the apartment. She did so and at that time she met Jack Lorraine, who was introduced to her as Mr. Barr, a friend from Chicago. Bed Bafferty, Fred Brose, and Baehel Jones were also there. Miss Flemming remained until about midnight and then returned to her hotel. In the meantime she was invited to return- to the apartment October 27th for dinner. She did so and on that occasion she met the defendant, Fred