Burnett v. State

Appellant was charged by affidavit with grand larceny under Acts 1941, ch. 148, §9, p. 447, being §10-3001, Burns’ 1942 Replacement, tried by jury, and found guilty of petit larceny.

The only error assigned is the overruling of appellant’s motion for a new trial. The questions presented pertain to certain proceedings of the court by which the defendant-appellant was allegedly prevented from having a fair trial. 1

The act or acts which are alleged to be irregular or erroneous are:

The action of the jury in returning three verdicts as follows:(1) “We, the jury, find the defendant guilty of petit…