People v. Fay

The three defendants above named were

charged by information in three counts with the crimes of grand larceny, conspiracy to commit grand larceny, and embezzlement, respectively. King and Fay only were tried at the time of the proceedings here presented for review. At the conclusion of the trial, and before the jury retired, the district attorney dismissed the charges of grand larceny and embezzlement. Thereafter the jury returned separate verdicts, acquitting King, and convicting Fay of conspiracy to commit grand larceny. The latter appeals from the judgment and an order denying his motion…