Lane, Smith & Barg v. State

GhieeiN Smith, Chief Justice.

Indictments charged the three defendants with burglary and grand larceny. Each was convicted and sentenced to serve penal terms of seven years for burglary and fifteen years for grand larceny. The motion for a new trial lists sixty-three matters in respect of which error is urged. Eleven are discussed in the briefs.

On the night of June 26th, 1949, a metal safe was taken from the store of K. IT. Wilmoth at Etowah. It was found in a ditch near the highway four miles away. Indications were that it had been opened with a sledge hamm'er. Wilmoth testified that the safe…