Underwood v. State

Information was filed in the Crawford circuit court accusing appellant and one Artis Moore of the crimes of “Burglary and Grand Larceny.” Appearing as a witness for the State, Moore confessed his own guilt, and testified to facts incriminating appellant.

Appellant was acquitted of burglary, but convicted of grand larceny, and his punishment was fixed at one year in the penitentiary.

Numerous errors were assigned in the motion for new trial, several of which are urged here as grounds for reversal. Among the assignments of error are two which well may be considered together. They are first that…