State v. Schultz

LAKE, Justice.

The defendant’s assignment of error directed to the charge of the court is without merit. Standing alone, the paragraph to which he excepts is not a model of clarity and, perhaps, the jury might have concluded therefrom that if it found, from the evidence and beyond a reasonable doubt, that on either of the times in question the defendant, acting alone or with his alleged associates, took and carried away the property of the cemetery without authority and with the requisite intent, and such property was worth more than $200.00, it should return a verdict of guilty of felonious…