People v. Le Van

On a second trial of an indictment charging grand larceny in the first degree defendant was convicted. On the first trial the jury disagreed. The defendant was sentenced as a fourth offender. The conviction, under review, rests entirely upon circumstantial evidence; There was no confession or damaging admission by him. No part of the stolen property was found.

Analyzed, this defendant has been found guilty upon testimony from which the jury must have found— (a) that he had opportunity to steal the money and checks from an unlocked *680safe in the office of the hotel; and (b) that shortly after the…