Rice v. State

BOWEN W. SIMMONS, Retired Circuit Judge.

The indictment against appellant-defendant contains two counts. Count One charged larceny of a Ford pickup truck, valued at $4,500. Count Two charged defendant with buying, receiving and concealing the same property. Both counts alleged the truck was the personal property of Larry Spradlin.

A jury returned a verdict of guilty under Count One. The court fixed punishment at five years imprisonment.

At the outset we wish to observe that the jury’s specification of guilt under Count One (the grand larceny charge) served as an acquittal of defendant under…