Marcus v. State

Marcus was indicted in the court below for grand larceny. Trial by a jury of “freeholders or householders” of the county. Verdict as follows: “We, the jury, find the defendant guilty, as charged in the indictment, and *102sentence Mm to three years imprisonment in the state prison.”

The evidence shows that the appellant was, at the time of the larceny, in the employ of Fiebleman & Rauh, (the persons from whom the goods are charged to have been stolen), as clerk, salesman, and general manager of the store; that he slept at the store, carried the keys, and caused the same to be opened in the morning…