MOORE v. STATE

No. 5700.

479 S.W.2d 857 (1972)

Rupert MOORE, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

May 8, 1972.


Attorney(s) appearing for the Case

Odell C. Carter, Star City, for appellant.

Ray Thornton, Atty. Gen., by Henry Ginger, Deputy Atty. Gen., Little Rock, for appellee.


FOGLEMAN, Justice.

Rupert Moore was acquitted of the burglary of the store of H & R Wood & Sons, Inc., at Grady on November 13, 1970, but convicted of grand larceny of property taken from the store. He presents two points for reversal of his conviction. The first is that an instruction given by the trial court was tantamount to a directed verdict. The instruction defined larceny and told the jury that, if it found from the testimony beyond a reasonable doubt...

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