State v. Hively

Maxwell, Judge:

Defendant prosecutes this writ of error to a conviction of grand larceny and a sentence of two and one-half years confinement in the state penitentiary.

The defendant and Alva Jones were jointly indicted. They were first tried together and convicted, but on writ of error, the judgment was reversed, the verdict set aside and a new trial awarded. State v. Hively et al., 103 W. Va. 237. Thereafter the defendants severed and each was separately convicted. The separate records are now before this Court for review. The Court’s decision in the Jones case appears contemporaneously…