People v. Costello

— The defendant has appealed from a judgment of conviction on a charge of grand theft, and from an order denying her motion for a new trial. She does not contend that the evidence on behalf of the prosecution, if believed by the jury, was not sufficient to support the verdict. The grounds of the appeal are that the court erred prejudicially in rulings on the admission of evidence and in giving a certain instruction on the defense of alibi.

The evidence in support of the verdict was substantially as follows: About 9:20 p.m. on May 12, 1941, the prosecuting-witness De Matei was walking toward…