Evans v. State

This opinion supersedes written opinion dated May 28, 1946, which is hereby withdrawn because of error in the writer’s statement of the record due, as suggested in appellant’s petition for rehearing, to the confusion of two exhibits. We have considered not only the questions raised by the original briefs but also those urged in the brief on petition for rehearing.

Appellant was prosecuted on three counts, grand larceny, second degree burglary and entering with felonious intent. Tried without a jury, he was found guilty of grand larceny and acquitted of the other offenses. The only question…