People v. Gerst

Scott, J.:

The defendant appeals from a judgment of conviction of grand larceny in the second degree. He. had been indicted for the crime of which, he was convicted and also for the crime of receiving stolen goods, knowing them to have been stolen. If his con viction had been for the latter crime we should have found no difficulty in sus*273taining it upon the evidence in the record, but we can find nothing therein to justify the submission to the jury of the charge of larceny. The subject of the larceny was money and jewelry stolen by a prostitute with whom the appellant appears to have…