State v. Smith

Briefly stated, the defendant was employed by the Miller Grocery Company, as a teamster. The evidence tends to show that, about the time charged in the indictment, the defendant took from the place of business of the Miller Grocery Company a large carton of Camel cigarettes, of the value found by the jury to be $57.50.

Two questions are raised in the case. The first is that there was no evidence of the wrongful taking of the property of the said company; and second, that the carton of cigarettes was not properly identified, so as to permit it to be in evidence in the case. Some stress is laid…