Arthur v. State

The appellant was charged by affidavit with the alleged offense of automobile banditry under § 10-4710, Burns’ 1942 Replacement. He was tried by jury and convicted. Judgment and sentence of imprisonment followed.

On appeal to this court he has assigned as error the overruling of his motion for a new trial.

The appellant, as a ground for his motion for a new trial, objected to the giving of appellee’s instruction No. 34, which instruction was as follows:

“If the State has proved that the goods described in the affidavit were stolen and that such goods or any part of them was shortly after the…