Downer v. State

John Downer was convicted of larceny from the house, the property stolen being a Columbia bicycle, which was left on the front porch of a dwelling-house by the owner and stolen therefrom at night. His motion for a new trial was overruled, and lie brings error. A consideration of the general grounds, is not necessary, since another trial will have to be granted on one of the special grounds.

1. It is contended by the plaintiff in error that there could be no legal conviction of larceny from the house, because the evidence discloses the fact that the property was not stolen from inside the…