Birchfield v. State

The plaintiff in error was indicted for receiving and concealing stolen property. The jury found her guilty and sentenced her to a term of 3 years in the State penitentiary. Apparently the clerk of the court in writing up this judgment showed that plaintiff in error was found guilty of breaking and entering and of larceny. Obviously, one reading the record and charge of the court knows that this judgment is erroneous.

Before taking up the merits of the case it is necessary for us to consider the various motions that have been made herein.

The conviction was had on February 19, 1959. While this…