Owens v. State

WALDEN, Judge.

Hubert Owens was charged with breaking and entering with intent to commit a felony and grand larceny. Tried by jury, he was found guilty and duly adjudicated and sentenced. He appeals, saying that there was a total lack of evidence to show that the value of the property in question was $100.00 or more. The state concedes that the evidence of value was insufficient. However, the state, by way of avoidance, asserts that Owens is without standing to raise this point on appeal inasmuch as no motion for a new trial was made in the trial court. It is true that such motion was not…