State v. Gavner

The defendant was indicted for grand larceny and convicted. The question in this case arises under the twenty-first section of the ninth article of the act concerning crimes and their punishments, which provides that whenever any person under the age of sixteen years shall be convicted of any felony, he shall be sentenced to imprisonment in a county jail not exceeding one year, instead of imprisonment in the penitentiary as prescribed by the preceding provisions of this act.

On the trial a witness testified that he had been sitting in the court-room and a few moments before had been asked by…