White v. State

The only ruling had. of the trial judge as to the State’s making a prima facie case was on a motion to exclude the State’s evidence. The motion was denied.

There were no exceptions taken to the oral charge. The defense tendered no written charges. Hence, the oral charge became the law of the case.

*642As I understand the majority opinion, it holds that the State failed to sustain the burden of negativing a bona fide claim of right on the part of the defendant.

A “claim of right” believed in good faith negatives the felonious intent when the accused has undisputedly taken property. Morissette v.…