State v. Foster

' The defendant was convicted of the crime of grand larceny, -and sentenced to a term of two years at hard labor in the state *72prison. He thereupon moved for a new trial, alleging as grounds therefor that the court had misdirected the jury in matters of' law, ¿that it had erred in the decision of questions of law arising during the trial, and that the verdict was contrary to the law and the evidence. From an order granting the motion the state has appealed.

The order is "silent as to the grounds upon which the district court based its action. It is therefore incumbent upon this court to affirm…