Phenix v. State

Robert Phenix, the appellant, and Roy Walker Mabe were jointly indicted for grand larceny in the stealing of $570, the property of Joe Fergnson. Mabe was acquitted; Phenix was found guilty, was sentenced to two years and two days in the state penitentiary, and he appeals.

He urges here four errors he says were committed by the lower court. First, that he was entitled to a directed verdict; second, if not, that the verdict was against the great weight of the evidence; third, that a fatal variance existed between the allegations of the indictment and the proof as to the ownership of the money;…