Doss v. State

The state largely relied for a verdict upon the testimony of Ross Waldron and Myrtle Waldron, husband and wife. They both testified to their own guilt and both testified that Doss was a participant in the crime. If their testimony is true there was not only a larceny but a burglary and Doss was guilty of both larceny and burglary.

It is now contended that inasmuch as the testimony tended to show that there could have been no larceny unless there had been a breaking as well that the verdict of larceny ought to be set aside because the jury found that there had been no burglary. There is a hint…