Warnke v. State

On June 4, 1926, an affidavit was filed against Frank Tam in the Cass Circuit Court, wherein he was charged with the larceny of nine chickens of the value of $10, and in another affidavit the appellant was charged as being an accessory before the fact in the commission of said crime.

The appellant was tried before a jury and found guilty as charged, and sentenced to imprisonment in the jail of Cass county for sixty days and fined the sum of $100.

The appellant contends that to constitute larceny the first essential is that the thing which is the subject of the crime should be taken from the…