Ledbetter v. State

Appellant was indicted for the offense of grand larceny only. The indictment contained one count, and charged that he “feloniously took and carried away 800 pounds of seed cotton, 24 sacks of peas, and 19 bales of hay, of the value of $95.00 the personal property of Joe Johnson.”

It is insisted by appellant that, under the undisputed facts adduced upon this trial, the offense (if any) could not be that of grand larceny. He insists the facts in this ease are without dispute that defendant (appellant) and his helpers raised the cotton, peas, and hay, alleged to have been stolen, on the land of…