
    No. 547
    JOHN SALIGO v. STATE
    Ohio Appeals. 8th Dist., Cuyahoga County
    No. 4705.
    Decided July 2, 1923
    This opinion has not been published except in Absti^^^
    LARCENY — Changing a. diamond submitted t^K» pretended purchaser for examination.
    Vickery, Sullivan and Levine, JJ.
    Petition in error from Cuyahoga Common Pleas to reverse conviction, of Saligo for larceny.
    Attorneys — Blase Buonpane and I. R. Morris for Saligo; Edward E. Stanton, Pros., contra.
   PER CURIAM.

Epitomized Opinion

Kaplan, the complaining witness, at the solicitation of Saligo,- secured for him a diamond, to be examined and purchased by Saligo, if satisfactory. Kaplan had a diamond of the value of $140, and Saligo called at his store. Kaplan placed it upon a piece of paper on his counter to have Kaplan examine it. Thereupon Saligo asked for a glass, and after Kaplan turned to a desk nearby to get a glass, he noticed the stone had been changed and accused Saligo of changing it, who denied it. A boy who was present was asked to write down Saligo’s name and address, and he gave to the boy a false name and address. A warrant was then sworn out and Saligo was arrested, tried and convicted.

The Court of Appeals held that, from the record and arguments of counsel, the jury was warranted in finding Saligo was guilty, and the judgment was confirmed.  