State v. Gilmore

Defendant, R. L. Gilmore, was charged by information with committing the crime of grand larceny by color and aid of a check, as defined by RCW 9.54.010 (2) (cf. Rem. Rev. Stat., § 2601 (2)). He pleaded not guilty, and his trial resulted in a verdict of guilty. His motion for a new trial was denied. From the judgment and sentence pronounced against him on the jury’s verdict, he has appealed.

At the trial, the issuance and delivery of the check to the prosecuting witness and the receipt by appellant of ninety-five dollars therefor were admitted. The only issue to be determined by the jury was…