George Brooks (defendant) was convicted of larceny for taking $200 belonging to Charles B. Newton. Newton had visited the city of Warren, where Brooks worked. While there, Newton misplaced his $200. Despite a diligent search, Newton was unable to locate the money. Before leaving, he printed notice of his loss in three newspapers circulated in Warren. About one month later, Brooks found the money while working with several others. He immediately hid the money from his companions and did not tell anyone about his discovery. He quit his job that day and he and his wife left Warren shortly afterwards. Brooks made a motion for a new trial, which the trial court denied.