Neely v. State

LAWSON, Justice.

Only two questions were considered in the opinion of the Court of Appeals. In effect, that court held: (1) that the defendant was not entitled to the affirmative charge on the ground that the evidence was insufficient to show that the stove alleged to have been stolen was personal property; (2) that although the jury did not assess the value of the stove, the general verdict, “We the jury find the defendant guilty,” is referable to the indictment, which alleges the value of the stove to be $40.

As to the first point, counsel for petitioner in brief filed here in support of the…