State v. Fisher

Riley, President:

Ray Fisher, tried for the third time in the Circuit Court of Ritchie County for the crime of grand larceny charged to have been committed on July 21, 1937, prosecutes this writ of error to a judgment sentencing him under the indeterminate sentence statute (Code, 61-11-18) to a term of from six to fifteen years.in the penitentiary, with recommendation that he' be confined for the minimum term of six years.

The indictment under which defendant was finally tried and convicted contains three paragraphs. The first, designated the first count, contains an alleged copy of an…