Moore v. State

John A. Fogleman, Justice.

Rupert Moore was acquitted of the burglary of the store of H & R Wood & Sons, Inc., at Grady on November IS, 1970, but convicted of grand larceny of property taken from the store. He presents two points for reversal of his conviction. The first is that an instruction given bv the trial court was tantamount to a directed verdict. The instruction defined larceny and told the jury that, if it found from the testimony beyond a reasonable doubt, that appellant had, within three years prior to the filing of the indictment, stolen property of H&R Wood & Sons, Inc., of the…