State v. Farr

Defendant appeals from conviction of two counts in one indictment (1) entering a vehicle with intent to steal, OBS 164.330, and (2) grand larceny, OBS 164.310 (1)(a). Both charges grew out of the same transaction in which, defendant was accused of stealing a rifle from a vehicle.

Errors alleged which merit consideration are (1) judgment of acquittal for lack of evidence should have been allowed; (2) conviction could not be valid on both counts; (3) (a) a new trial should have been granted because the rifle was not timely received in evidence, and (b) it, in fact, varied from its description in…