Turner v. State

The plaintiff in error was convicted at the July 'Term, 1871, of the Circuit Court of Giles county, of stealing a mule.

Motions for a new trial and in arrest of judgment •were severally made and overruled; and the court pro*453ceeded to pronounce the judgment of death upon the defendant, from which he has appealed in error to this court.

The indictment charges that Green Turner, on the 5th day of September, 1870, in the county of Giles, aforesaid, feloniously did steal, take, and carry away, one bay mare mule, of the value, &c.

For the plaintiff in error, it is insisted that the judgment should be…