Fugate v. State

Defendant, Elmer Curtis Fu-gate, was charged in the district court of Washington county with the crime of grand larceny, was tried before the court without the intervention of a jury, found guilty, and his punishment assessed at six months in the State Penitentiary, and he has appealed.

Defendant was charged by information with the larceny, on May 2, 1942, of “one car wheel, one (1) 6:00-16 automobile tire, and one inner tube, all of the approximate value of $25, all the personal property of Harold O’Daniel.”

The error complained of presents a novel question, and one that has never been before…