People v. Proctor

COOPER, J.

Defendant is charged in the information with the crime of grand larceny committed on the nineteenth day of December, 1904, by feloniously stealing, caking, and carrying away one hundred and eight dollars in gold and silver coins, the property of Emeline Tyson. He was found guilty as charged, and sentenced to a term of six years in San Quentin. His motion for a new trial was denied, and he prosecutes this appeal from the judgment and order denying his motion.

The facts relied on to sustain the verdict are stated by the prosecuting witness, Emeline Tyson, and are in substance as follows: Emeline Tyson was past seventy-six years of age on Friday, December 16, 1904, when she first met defendant at Niles station and had a moment’s conversation with him. He came to her house, which was about one mile from the station, the following morning, and sold her a pair of spectacles. While there they engaged in a general conversation. He told her that he had been a widower for about fifteen years, had traveled around a great deal, but was tired of liv

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ing that way, that she was just the woman he had been looking for, that it was a ease of “love at first sight.” His lovemaking seems to have been agreeable, as he promised to call again that (Saturday) evening. He did not, however, call on Saturday evening, but did call Sunday morning, and made an excuse for not' having called Saturday evening. He called again Sunday evening, and the prosecuting witness gives an account of the transaction in the following language: “He asked me to marry him, and I told him I would if I found him to be a perfect gentleman and able to take care of me. He said he was plenty able to do it, that he had an old house and lot in Oakland that he was trading off for a new house. He said he had five hundred and fifty dollars in the bank, and needed sixty dollars more to make the deal or he would lose the bargain. He said he wanted the new house for us to live in. Then I agreed to let him have the money. He said he would give me good security for it, that he had a bill of sale of an auto worth five hundred dollars, and that he would give me a bill of sale as security. I promised then to try and get the sixty dollars for him the next morning. I saw him the next morning (Monday) at my home. He said he had just received a letter from his sister in the East and that they had sold out and she was coming on and that he would soon have a lot of money. He said he was giving me good security and would have the money on the 15th of January. He said ‘You just as well make it out now one hundred and eight; I want a little Christmas money, too, and I am giving you good security for it and will pay it back on the 15th. ’ His sister was coming and would have a lot of money. Then I got the money and let him have it, one hundred and eight dollars lawful money of the United States. Then he, gave me the bill of sale to an automobile. When he paid this money back on the 15th of January I was to give him back the bill of sale.”