People v. Clark

GRAY, C.

Defendant was convicted of grand larceny, and appeals from the judgment and from an order denying him a new trial.

1. He complains of the refusal of the court to give one of his requested instructions, commencing as follows: “In order to convict the defendant on circumstantial evidence it is necessary,” etc. This instruction assumes that a conviction, if had, must necessarily be based on circumstantial evidence. At the same time appellant concedes in his brief that there was direct evidence that defendant committed the crime charged, in the testimony of the complaining witness, Caler.…