Sylvester v. State

Appellant was charged by indictment, tried and convicted by a jury in the court below of vehicle taking. Acts 1921, p. 494, §1; §2460, Burns 1926 (§2449, Baldwin’s Ind. Ann. Stat. 1934). From a judgment and sentence as in that act provided, he prosecuted this appeal. The only error in this court assigned and not waived is the overruling of his motion for a new trial.

Appellant, in his brief under the heading “Propositions and Points,” challenges the correctness of Instruction No. 10 given by the court on its own motion, and complains of the action of the court in refusing to give his tendered…