State v. Moore

The defendant appeals to this court from a judgment finding him guilty of the crime of grand larceny; the subject matter of the alleged theft was an automobile. He contends that the court erred when it denied a motion made by him at the beginning of the trial requiring the state to specify some particular day as the time of the alleged theft. January 5, 1927, was the time specified in the indictment. Counsel stated, “We move for the reason that if the state stands on the fifth day of January, 1927, the defendant Jim Cushman intends to and can and will prove an absolute alibi.” The motion was…