85 Fla. 194 | Fla. | 1923
Upon an indictment for petit larceny plaintiff in error was tried and found guilty as charged. To review the judgment imposing sentence writ of error was taken from this court. The ruling of the trial court denying defendant’s motion for new trial was assigned as error. The grounds of the motion only that are argued in the brief filed in this court in his behalf will be considered.
It is urged .that there was error in the order denying the motion for new trial on the ground that the verdict is contrary to the evidence. The contention is that the ownership of the property alleged to have been stolen was not proved as alleged. In Parker v. State, 75 Fla. 741, 78 South. Rep. 980, 2 A. L. R. 350, this court said “where an indictment lays the ownership of stolen property in one who is its lawful custodian and entitled to its possession, the ownership is sufficiently alleged and it is not a fatal variance if the proof shows that the legal title to the property was in some one other than the person in whose possession it was and who had the care and management of it. The property alleged to have been stolen is “ one stick of hewn timber.” It appears from the .evidence that the former owner of the stolen property is
Requested instructions that were refused, which are made grounds for the motion for new trial and argued in the brief, are of two classes; first, upon the subject of the alleged bona fides and lack of intent of the defendant; and second, on the subject of cirmumstantial evidence. As 'to the former the point was covered substantially in
Finding no error the judgment will be affirmed.
Affirmed.