Lanham v. Commonwealth

Opinion of the Court by

Judge Ratliff

Affirming.

The appellants, Maurice Lanham and J. H. Kirkland, Jr., were jointly indicted for the offense of petit larceny. They were tried at the May, 1933, term of the Marion circuit court, found guilty, and sentenced to 12 months’ confinement in the county jail. They pray an appeal.

For reversal of the judgment it is insisted for appellants: (1) That the indictment is demurrable; (2) the court .erred in refusing to direct the jury to find a verdict of acquittal; (3) the verdict of the jury is flagrantly against the evidence, and the punishment too severe.…