Morning v. State

This is an appeal from a judgment convicting the defendant of theft in the second degree and sentencing him to imprisonment for ten years. The trial was without a jury and, according to the judgment entry, consisted of a "hearing on stipulation of facts as to the testimony of the State's witnesses," which stipulation was to the effect that if the witnesses were to appear there would be sufficient evidence to present a prima facie case of defendant's guilt. No point is raised as to the sufficiency of the stipulation.

Appellant's only insistence on a reversal is that the court erred in…