Binkley v. State

OPINION

WALKER, Presiding Judge.

The defendant below, Norman D. Binkley, and one James Vernon Warfield were jointly indicted for an attempt to commit grand larceny. The trial resulted in the conviction of each. In accordance with the jury’s verdict, the trial court fixed the defendant’s punishment at one to three years in the penitentiary and that of his codefendant, Warfield, at a fine of $50 and eleven months and twenty-nine days in the Davidson County Workhouse. Both filed motions for new trial which were overruled and prayed appeals to this court. Warfield has withdrawn his appeal, and the…