State v. Smith

STRUTZ, Justice.

The defendant was convicted of grand larceny of farm machinery and moved for a new trial. The trial court denied his motion, and he appeals to this court from the order denying the motion for new trial, urging two grounds in support of his appeal:

1. That the evidence was insufficient to sustain the defendant’s conviction, and that the verdict of the jury was contrary to the evidence; and

2. That the trial court erred in denying the defendant’s motion for a new trial on the ground of newly discovered evidence.

The evidence of the State discloses that an Allis-Chalmers tractor,…