Daly v. State

HOBSON, Acting Chief Judge.

Appellant Daly was convicted of the crime of conspiracy to commit grant larceny, adjudicated guilty and sentenced to serve five years in the State Prison.

In his appeal Daly urges reversal on the ground that the evidence was not sufficient to sustain the conviction. We agree.

The information charged Daly and two other persons with conspiracy to commit grand larceny. Neither of the alleged co-conspirators was tried with Daly, nor did they testify at his trial. There was testimony implicating the other two persons in a scheme wherein, posing as agents of Sears, Roebuck…