Oakman v. State

Appellant appeals from a verdict and judgment of conviction of grand larceny. The errors assigned and argued are (1) refusal of a peremptory charge; (2) an instruction given the State and (3) an instruction refused to the defendant.

We are of the opinion that the proof of guilt was, under the evidence, sufficient to create an issue of fact for the jury and that refusal of the peremptory charge was proper.

The State procured the following instruction:

“The Court instructs the jury for the State of Mississippi that in this case you may return either of the following verdicts:

“1. ‘We, the jury,…