State v. Stewart ( 1870 )

By the Court,

WHITMAN, J.:

In this case, wherein the appellant was convicted of the crime of grand larceny, there was no evidence proving, or tending to prove his guilt, as principal or accessory before the fact; hence he was illegally convicted.

The motion made for a new trial should have been granted, and was erroneously refused. That order and the judgment are reversed and the cause remanded. ' • ■