STATE v. SCHROEPPEL

No. 29,821.

240 Ind. 185 (1959)

162 N.E.2d 683

STATE OF INDIANA v. SCHROEPPEL.

Supreme Court of Indiana.

Filed December 14, 1959.


Attorney(s) appearing for the Case

J. Gordon Gibbs, Walter O. Lewis, Prosecuting Attorney and Deputy Prosecuting Attorney, respectively, Fifty-fifth Judicial Circuit, and Edwin K. Steers, Attorney General, for appellant.

Frank R. Ryan, of Danville, for appellee.


JACKSON, J.

This is an appeal by the state of Indiana from the decision and ruling of the trial court, in a criminal case, sustaining the motion of the defendant for a discharge made at the close of the state's evidence, and the judgment rendered thereon discharging the defendant.

The defendant, appellee, was charged, by affidavit, with the crime of Petit Larceny, in connection with the theft of a storage battery.

While this court does not weigh evidence...

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