187 Ind. 253 | Ind. | 1918
— Appellant, in the Lake Superior Court, was charged by affidavit with the offense of grand larceny. He was tried by a jury, and a verdict was returned finding him guilty of petit larceny, and assessing his punishment at imprisonment in the county jail for thirty days, a fine of $25, and disfranchisement for one year. Appellant’s motion for a new trial was overruled, and this ruling is here assigned as error. The only causes in support of the motion and not waived are: That the verdict is not sustained by sufficient evidence, and that it is contrary to law.
This case is submitted to us solely on the theory that the verdict is contrary to law upon two grounds: (1) Because the affidavit charges that one Samuel Blumenthal was the owner of the property in question, and the evidence shows that he was not the owner, nor did he have such interest in the property stolen as would constitute him a bailee within the purview of the grand larceny statute; (2) that the undisputed evidence shows that the property alleged to have been taken was a gambling device within the meaning of §2474 Burns 1914, Acts 1905 p. 718, and known as a punch board, and the alleged jewelry was given as prizes to persons who paid ten cents and punched a number calling' for a prize, and that such property could not be the subject of larceny.
Judgment affirmed.
Note. — Reported in 118 N. E. 954. Larceny: (a) property subject to, 88 Am. St. 586, 25 Cyc 12; (b) proof of possession, sufficiency as proof of ownership, 25 Cyc 102, 125; -property kept for unlawful purpose as subject of larceny, 5 Ann. Cas. 798.