State v. Appleby

The opinion of. the court was delivered by

Hoch, J.:

Appellant was convicted, on two counts, of stealing chickens in the nighttime, and sentenced on each count to the state reformatory, to serve as provided by law for grand larceny, the two terms to run concurrently. Motion for new trial was made and overruled. The only question presented here is whether the trial court erred, to the prejudice of the defendant, in the admission of certain evidence.

The information charged that Nelson Appleby (appellant) and Elmo Banning stole twenty-three chickens from Walter Leniton on the night of April 8,…