Riley v. State

The defendant was convicted of the offense of simple larceny, and excepts to the overruling of his motion for new trial. It appears, from, the evidence, that Marion Miller and Bud McCoy went to Atlanta, and that- they returned to Douglasville with four gallons of whisky, contained in two two-gallon jugs. One gallon belonged to Bud McCoy, two gallons to Marion Miller, and one gallon to Marion’s mother; but there had been no division, nor does the evidence disclose any marks of identification by which the jugs could be distinguished or separated, so as to show which jug, or that either…