Tungate v. State

Appellant was charged jointly with two others by affidavit in two counts with the crimes of grand larceny under Acts 1941, ch. 148, §9, p. 447; being §10-8001, Burns’ 1956 Replacement, and second degree burglary under Acts 1941, ch. 148, §4, p. 447, being §10-701, Burns’ 1956 Replacement, tried separately by jury, found guilty as charged and sentenced on both charges, the sentences to run concurrently.

The sole error assigned is the overruling of appellant’s motion for a new trial.

Thirty-five specifications therefor are set out in the motion. All except numbers 1, 2, 3, 4, 5, 7, 8, 9 and 21…