Smathers v. State

The appellant was convicted in the court, below of the crime of larceny. The indictment charged the stealing of sundry articles of wearing apparel and a satchel. The court overruled a motion for a new trial, and rendered, judgment on the verdict.

The appellant has assigned for error the overruling of the motion for a new trial. The evidence is not in the record.. The only error relied upon for a reversal of the judgment is the giving of the third and fourth instructions. It is contended by counsel for appellant that such instructions are clearly erroneous under any supposable state of facts,…