Whitten v. State

Whitten, the plaintiff in error, was indicted and convicted of th© crime of pocket picking. The property stolen was valued in the indictment and also in the verdict at $20.

Upon the trial, a special request was made by counsel for the accused, that the court charge the jury, that they might find the accused not guilty of the charge of pocket picking, but guilty of petit larceny.

A similar request as to a verdict of assault and assault and battery was made.

A motion for a new trial was overruled and sentence pronounced., A bill of exceptions was taken and error is now prosecuted here.

The only…