Gears v. State

Appellant, in the court below, was convicted of grand larceny, and judgment pronounced pursuant to the finding. §2451 Burns 1926, Acts 1905 p. 584, §377. He prosecuted this appeal and has assigned as error the overruling of his motion for a new trial. Causes relied on in support of this motion are: Finding of the court not sustained by sufficient evidence, and finding contrary to law.

It is first insisted that the finding of the court was contrary to law for want of an indictment or affidavit in the circuit court charging appellant with the offense of which he was convicted. The record…