People v. Kelly

By the Court,

Currey, J.

■ The defendant was indicted for grand larceny. He was tried and found guilty and sentenced to be imprisoned in the State Prison for the term of five years. The evidence against him was mostly of a circumstantial nature, and though it is not insisted, it was not sufficient to warrant a verdict of guilty, if the case had been properly submitted to the jury, yet the defendant claims that the Court erred in matters of law on the trial to his prejudice, and that in consequence thereof the verdict and the judgment pronounced upon it should be reversed.

At the request of the…