Stephens v. Commonwealth

Opinion op the Court by

Judge Hurt

Affirming.

The appellant Ben (alias Spider) Stephens was indicted for and convicted of the crime of grand larceny, and he appeals from the judgment and the order denying him a new trial. The grounds upon which a reversal of the judgment is sought are:

The court erred to the prejudice of the substantial rights of the appellant, when it (1) overruled the demurrer to the indictment; (2) failed to peremptorily direct an acquittal; (3) admitted incompetent testimony against the accused; (4) excluded competent testimony in behalf of accused; (5) abused its discretion…