State v. Frank Smith

Miller, Judge :

Defendant was convicted of grand larceny as charged in the indictment, and sentenced to a term of five years imprisonment in the state penitentiary at hard labor.

The indictment charged him with the larceny of nine $50.00 bills, commonly known as greenbacks, lawful money of the United States, of the value of fifty dollars each, the money and property of one Mike Holasky.

Here on writ of error to the judgment below, the principal error urged for reversal is the giving of the State’s instruction number one. By it the jury were instructed as follows: “The court instructs the jury…