Newkirk v. State

Marion Newkirk, the appellant, was indicted, jointly with Union McMickle, John McCabe, Robert Allen and John Hardin Knight, for grand larceny, in feloniously stealing one rifle gun, one horse, saddle, bridle and halter, the pei’sonal property of Jonathan Endow.

Newkirk alone was arrested, and he was tried and convicted of said larceny. A motion for a new trial having *2been overruled, judgment was rendered on the verdict of the jury.

The refusal of the court to grant, a- new trial raises the only question in the record.

Three reasons were urged for a new trial, viz:

1. The taking and keeping of the…