Baker v. State

Appellant was charged by affidavit under §378, ch. 61, Acts 1907, §2452 Burns 1926 with the larceny of six chickens “the property of John Walter Beers ... of the value of nine dollars,” was tried by a jury which found him guilty and was fined $1 and costs and sentenced to imprisonment in the Indiana State Prison for a period of from one to eight years.

One of the several errors assigned is that the court overruled appellant’s motion for a new trial, in which he alleges that the verdict is not sustained by sufficient evidence. Beers, who made the affidavit instituting the prosecution, did not…