State v. McEwen

The appellee was prosecuted for the crime of larceny, in the Johnson Circuit Court, and was acquitted. The State appeals, and assigns as error the refusal to give the following instruction: “I *486instruct you gentlemen of the jury, that if the indictment in this cause shows and alleges that the property stolen or alleged to have been stolen was owned at said time by Jackson A. Pruitt and Frank A. Pruitt, and the evidence shows that the property stolen was the property of Jackson A. Pruitt and Franklin A. Pruitt, and that said Franklin A. Pruitt is, and for years has been, known and been doing…