State v. Kapp

Woods, Judge:

Homer Kapp, who was convicted of the larceny of a pocketbook containing $35.00 in bills and several notes, and sentenced to confinement in the penitentiary for a term of two years, brings error.

M. D. Pierey and the defendant, as partners, were operating the Commercial Hotel in the city of Charleston. The former came to the hotel at six o’clock on the evening of the alleged larceny, and at seven o’clock he, together with defendant and the latter’s wife, went into the dining room. He states that at that time there was no one in the lobby, and that defendant did not eat, but…