Johns v. State

Franklin Johns, the appellant, and Herman Brown, who did not appeal, were found “guilty generally” by the court, sitting without a jury, of breaking and entering a storehouse and stealing therefrom seventy cartons of cigarettes, approximately $150 in cash and a portable radio following the entry of a “not guilty” verdict of receiving stolen property. Motions for a directed verdict were twice denied. The appeal is from the court’s refusal to grant the motion at the conclusion of the case. The contention is that on the evidence the court should have convicted the appellant of receiving instead…