State v. . Harbert

CLARK, C. J., dissenting; CLARKSON, J., concurring in the dissenting opinion. Criminal prosecution, tried upon an indictment charging the defendant with the larceny of an automobile.

From an adverse verdict and judgment of three years in the State's Prison, the defendant appealed, assigning errors. The bill of indictment charges the defendant with the larceny of "one automobile, owned by and in the possession of Frank Rosenberg." All the evidence on the record shows that the stolen automobile was owned by and in the possession of Mrs. Elsie Rosenberg. There is no evidence that Mrs. Elsie…