Widner v. State

Widner was indicted, tried and.convicted of grand larceny, in feloniously stealing two horses and a set of harness, alleged in the indictment to be the personal property of Robert Newcom and Franklin Newcom.

On the trial, the court instructed the jury as follows: “The property is charged to be the joint property of Franklin Newcom and Robert Newcom. This is a material allegation, and must be proven. Proof that the property was the joint property of the alleged owners, or that it was the property of either one of them, woidd be sufficient proof of ownership.” It is insisted that the latter…