Patterson v. State

Nichols, Presiding Judge.

The sole special ground of the amended motion for new trial not abandoned by the defendant assigns error on the failure of the trial court to charge specifically “that intent to steal is an essential element of the crime of larceny from the house.”

The trial court charged, with reference to larceny and in connection with the charge on burglary: “Now, if you find that the property described in the indictment was taken from its lawful owner or the person in custody of the same, but that it was taken by the defendant not with the intent to steal, but under a genuine and…