State v. Labbitt

Defendant was convicted of the crime of grand larceny, sentenced to two years in the state prison and here appeals from the judgment of conviction.

At the conclusion of all the evidence in the ease, the defendant made a motion for the court to direct the jury to return a verdict of not guilty because of the utter failure of proof of any felonious intent on the part of defendant to steal, i. e. to permanently deprive the owner of her property. The trial court denied the motion and such ruling is the sole error assigned on this appeal.

The defendant, L. H. Labbitt, a physician and surgeon, owns…