This section contains the nature of the case and procedural background.

Bell (D) dug up and stole a quantity of sweet potatoes and cabbages from the garden of G.B. White. The trial court instructed the jury that D would be guilty of larceny if he dug out the potatoes and the cabbages and laid them on the ground and afterward picked them up, put them in a bag, and carried them off. Upon conviction of petit larceny, D appealed; the jury instruction was misleading.

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