State v. Clark

The opinion of the court was delivered by

Price, J.:

This is an appeal by the State from an order granting defendant a new trial following his conviction of grand larceny.

The defendant was charged with the larceny of a hat and topcoat alleged to be of the value of $60. We are told that the jury found the property to be of the value of $35. Following his conviction defendant filed a motion for a new trial, alleging four grounds — (1) the admission of illegal and improper testimony over his objections; (2) the verdict was contrary to law and the evidence; (3) insufficiency of the State’s evidence…