Show OPINION DELIVERED Roy Wrisllt Hunt Serve His Term I in the Pen I Their honors handed down their opinion in the case of the People vs Roy Wright appellant argued a few days ago The decision of the lower court was alarmed The opinion was read by Judge Smith and concurred in by Judges Merrltt and King Wright was convicted of stealing a Union bicycle valued sit 75 the property pro-perty of David T Edwards and En tenced to eighteen months imprisonment imprison-ment in the penitentiary WP rmpfded claiming that the judge erred in giving the dharge to the jury especially in that part which instructa the jury that the exact time when this offense was committed 5s not material ma-terial if it was committed at any tim within four years of the time wWea the defendant was indicted Evidence was introduced at < the trial by tofe defendant de-fendant to show < his Whereabouts on the night the bicycle was stolen tot the purpose of proving an alibi and thait being at a dance when the theft was committed he could not have been the guilty party The exception to the chaiige is taken for the reason that the charge is taken for the reason that it was in effect an instruction to disregard dis-regard the evidence Insufficiency of evidence to justify the verdict was also set up The trial in the lower court was before be-fore Judge Bartch |