State v. Bushey

Barney, CJ.

The defendant was convicted by a jury of grand larceny of certain tires and wheels. The taking was claimed to have been carried out in conjunction with his girl friend. At the time of trial there was an arrest warrant outstanding for her, but she could not be located. He brings his conviction here claiming that he was entitled to a judgment of acquittal based on the failure of the circumstantial evidence against him to exclude every reasonable hypothesis except guilt. He also claims that the court’s charge to the jury erroneously enabled them to convict without proof of his intent…