SUPREME COURT OF THE CANAL ZONE.

Hall and Van Dame, for appellant. Charles R. Williams, for the Canal Zone.
BROWN, J. The defendant was charged with the offense of grand larceny and was tried and convicted of said offense in the Circuit Court of the First Judicial Circuit. His appeal to this court presents no important question of law for our consideration, but it is claimed that the facts proved in the lower court were not sufficient to sustain a verdict ot guilty.
The information charged that:
Francisco Fraer, on the 17th day of February, 1914, did then and there wilfully, unlawfully, and feloniously steal, take, and carry away from the person of Henry Nurse, from his pocket, twenty Panamanian fifty,-cent pieces of the value of $5 United States currency, property of the said Henry Nurse, etc.
Larceny from the person of anything of value is made grand larceny by the Penal Code of the Canal Zone.
At the trial in the court below evidence was introduced to the following effect: That on the 17th day of February, 1914, at about 6.30 p. m., the complainant, Nurse, was standing at the counter in the Balboa commissary, waiting for goods he had purchased; that he had in his hip pocket twenty 50-cent pieces of Panamanian silver; that he felt a tug at his hip pocket where he had the money and that he turned around to see who was behind him and saw the defendant, but the money was still in his pocket; that a few seconds later he felt another tug at his pocket containing the money, and he put his hand upon his pocket and missed the money and turned around quickly and defendant was standing immediately behind him; that others were standing around, but not immediately behind him and not near enough to have taken his money; that he accused the defendant of taking the money and the defendant denied it; that the manager of the commissary heard the conversation and came to where the complainant was standing and asked him the trouble, and he told thie manager that the defendant had robbed him of twenty Panamanian 50-cent pieces; that the manager then searched the defendant and found twenty-two Panamanian 50-cent pieces loose in his pocket; that the defendant was arrested.
Defendant testified that previous to this date he had cashed his pay check, and that he had in his; pos-session twenty Panamanian 50-cent pieces of his own money, and that it was a mere coincidence that the two sums so nearly agreed, and that he did not take the money of the defendant.

316