Chapman v. State

GriffiN Smith, O. J.

An indictment charged appellant with “taking*, stealing, and carrying away three machinery belts of the value of $40, the property of John E. Moore, . . . .”

A jury found the defendant guilty of petit larceny and assessed his punishment at one day in jail and a fine of $150.

For reversal of the judgment appellant insists (1) that the evidence is insufficient; (2) that the court erred in giving instruction No. 1, and (3) that a conviction of petit larceny cannot be sustained where the indictment charged grand larceny.

Fifteen instructions were given. None is abstracted. Rule…