Kendall v. State

JONES, Justice:

This cause comes from the Circuit Court of Yalobusha County where the appellants were convicted of grand larceny, it being alleged that they stole a Chevrolet pickup truck and a Ford Convertible.

We do not think it necessary to discuss the assignments of error, but we are deeply concerned about the case as to the proof, and for that reason, avail ourselves of Mississippi Supreme Court Rule 6(b), and notice what we consider as a plain error not assigned.

The distinguished Judge of the lower court in passing upon a motion for a peremptory instruction used this language:

THE COURT:…