Grentzinger v. State
Decision Date | 03 March 1891 |
Parties | GRENTZINGER v. STATE. |
Court | Nebraska Supreme Court |
1. The possession of stolen property soon after the theft may be sufficient to warrant a conviction if no facts appear in evidence to repel the presumption of guilt. Where, in a prosecution for the larceny of a horse, a witness called for the state testified that he had seen the prisoner riding the horse alleged to have been stolen, and inquired of him if he had been trading, whereupon he answered, “Yes,” held, that this testimony must be submitted to the jury, and that an instruction which virtually withdrew it from the jury was erroneous.
2. Where there is testimony tending to show that the accused came honestly by the property, and such testimony creates a reasonable doubt in the minds of the jury that he stole the property, he will be entitled to an acquittal. Thompson v. People, 4 Neb. 529, 530.
Error to district court, Richardson county; APPELGET, Judge.Edwin Falloon, for plaintiff in error.
Wm. Leese, Atty. Gen., for the State.
The plaintiff in error was convicted of the larceny of a horse, and sentenced to imprisonment in the penitentiary for the period of four years. He now prosecutes error to this court. A witness named Scott testified on behalf of the state that on the day succeeding that on which the horse was supposed to have been taken he saw the plaintiff in error riding the horse, and asked him if he had been trading horses, and the plaintiff in error answered, “Yes.” The court instructed the jury The instruction, as applied to the testimony, is erroneous. The rule is that the possession of stolen goods...
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Mantell v. Jones
...are the sole judges of the effect that should be given to it.’ See, also, McLain v. State, 18 Neb. 154, 24 N.W. 720;Grentzinger v. State, 31 Neb. 460, 48 N.W. 148;Robb v. State, 35 Neb. 285, 53 N.W. 134;Palmer v. State, 70 Neb. 136, 97 N.W. 235;Kurpgeweit v. State, 97 Neb. 713, 151 N.W. 172......
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Mantell v. Jones
... ... In the absence of a bill of exceptions and a motion for a new ... trial a judgment will be affirmed where the pleadings state a ... cause of action or defense and support the judgment ... rendered ... 2. A ... prima facie case is one which is established ... should be given to it.' See, also, McLain v. State, 18 ... Neb. 154, 24 N.W. 720; Grentzinger v. State, 31 Neb. 460, 48 ... N.W. 148; Robb v. State, 35 Neb. 285, 53 N.W. 134; Palmer v ... State, 70 Neb. 136, 97 N.W. 235; Kurpgeweit v ... ...
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Robb v. State
...with all the other facts and circumstances proven on the trial. (Thompson v. People, 4 Neb. 524; Thompson v. State, 6 Neb. 102; Grentzinger v. State, 31 Neb. 460; 2 on Trials, 1894.) The first part of the instruction, although in the exact language used by this court in the opinion in Smith......