Nunley v. State

Contrary to the majority opinion, the defendant was not convicted of concealing stolen property, the offense charged in the indictment.

The Bill of Exceptions shows that when the jury reported to the court that they had reached a verdict, and the court asked, “What is that verdict?” the jury foreman reported the verdict as follows:

“We find both defendants guilty, I guess it would be petty larceny less than One Hundred Dollars and recommend the sentence to be one year and a day.”

The Minute entry recording the trial states that the jury found the defendant “guilty of concealing stolen property…