State v. Tucker

Appellant was charged with burglary and larceny by information filed in the Circuit Court of Stoddard County. Upon trial he was acquitted of the burglary charge, but he was found guilty of grand larceny and his punishment was fixed at four years' imprisonment in the State penitentiary. From the judgment and sentence he appealed.

I. Two preliminary assignments of error first should be examined. The initial error charged is the action of the trial court in overruling what appellant termed a motion in abatement of the trial. On August 17, 1931, appellant by proper proceedings disqualified…