Pitts v. State

Mason, J., dissents and filed a dissenting opinion at page 601 infra.

In the Circuit Court for Montgomery County, a jury found Samuel Edward Pitts, the appellant, guilty of storehouse breaking and stealing (count 2), and larceny to the value of one hundred dollars or more (count 4). On appeal, the appellant initially contends that the trial court erred in its instructions to the jury.

The court instructed the jury in pertinent part:

“This case comes before you by an indictment from the Grand Jury of this county,...

“The fact that a man or a woman is indicted does not mean that he or she is…