State v. Tilton

• Decision Date: 21 March 1884
• Citation: 63 Iowa 117,18 N.W. 716
• Parties: STATE v. TILTON.
• Court: Iowa Supreme Court

63 Iowa 117

18 N.W. 716

STATE

v.TILTON.

Supreme Court of Iowa.

Filed March 21, 1884.

Appeal from Jasper district court.

The defendant was indicted for the crime of breaking into and entering a store with the intent to steal and carry away goods, wares, and merchandise kept therein for sale. He was tried and convicted, and now appeals to this court.Alanson Clark, for appellant.

Smith McPherson, Atty. Gen., for the State.

ROTHROCK, C. J.

The store in question was broken into on the night of the ninth or tenth of February, 1882, and some clothing, jewelry, and notions were stolen therefrom. The defendant is an unmarried man, and at that time resided with his father about a mile and a half from the store. He remained on his father's farm from that time until some time in July following, when he and his sister went to Newton to attend a normal school. They kept their clothing in the same trunk, and about the last of July, in the absence of the defendant, the trunk was searched and some of the stolen goods were found therein. It appeared in evidence that the defendant had frequently been at the store, and that he was there on the evening before the crime was committed. But it is not claimed that there was anything peculiar or suspicious in his actions. The next morning certain parties claim that they tracked the thieves in the direction toward defendant's father's residence, across a field into a public road, where the trail was lost. It is not claimed that any of the tracks correspond with tracks made by the defendant, or that the persons who made the tracks may not have gone elsewhere than to the the residence of the defendant.

The court instructed the jury, at the instance of the defendant, as follows: “(2) You are instructed that there must be other evidence to justify the conviction of the defendant of the crime charged other than the unexplained possession of goods recently burglarized, and evidence that the defendant was in and about the store on the evening preceding the burglary is not sufficient, even along with unexplained possession of goods recently burglarized, to justify a verdict of guilty.” This instruction, as applied to the recent possession of goods burglariously stolen, is correct. State v. Shaffer, 59 Iowa, 290;S. C. 13 N. W. REP. 306, and authorities there cited. It is, however, doubtful whether the goods in question could be said to be recently stolen when they were found in the trunk, or whether the defendant's...