Bird v. State

Appellant was convicted upon a charge of *155grand larceny. He has appealed and brought up the case upon the instructions without the evidence.

Instruction 3½ was as follows: “ To convict the defendant the State must prove that the property, or some part thereof, described in the indictment, was taken by the defendant; that at the time it was taken it was the property of William McIvor; that it was taken in Montgomery county, Indiana, and within two years next preceding the finding of the iadictment, which was October 9th, 1885.”

It is contended that by this instruction the court assumed to give to…