Hilligas v. State
| Decision Date | 23 June 1898 |
| Citation | 75 N.W. 1110,55 Neb. 586 |
| Parties | HILLIGAS v. STATE. |
| Court | Nebraska Supreme Court |
OPINION TEXT STARTS HERE
Syllabus by the Court.
The evidence in this case examined, and held insufficient to sustain the verdict of the jury.
Error to district court, Merrick county; Albert, Judge.
Dick Hilligas was convicted of larceny, and brings error. Reversed.W. T. Thompson, for plaintiff in error.
C. J. Smyth and Ed. P. Smith, for the State.
In the district court of Merrick county, plaintiff in error was convicted upon a charge of larceny of three calves, and was thereupon sentenced to imprisonment in the penitentiary, at hard labor, for a period of 3 1/2 years. H. Wieger was the owner of 17 calves previous to and on May 26, 1897. From these, three were stolen in the nighttime between May 25 and May 26, 1897. Two days afterwards, Wieger found three calves in the possession of Mr. McGinley, who had on said May 26th purchased them, with four others, from one Charles Gregory. Mr. Wieger resided at that time in Merrick county, and Mr. McGinley resided in Buffalo county, about 60 miles westward from Mr. Wieger's residence. About May 14, 1897, Hilligas, the plaintiff in error, was hired by George Fleebe, a farmer living 6 1/2 miles eastward from the farm of Mr. McGinley. At that time, and previously, Charles Gregory was likewise an employé of Mr. Fleebe. On May 24, 1897, Gregory contracted to sell and deliver to Mr. McGinley seven calves, which were to be of a stated description. On that same day plaintiff in error, accompanied by Gregory, drove a team owned by plaintiff in error eastward from the farm of Mr. Fleebe. One of the horses composing this team was of a dark color; and the other, black. The wagon had a double-top box, and the harness was a heavy double harness. In the further progress of the evidence this team, wagon, and harness were described by each witness by whom they were referred to in the above descriptive terms, and we may therefore assume the identity thereby indicated. In the afternoon of May 25, 1897, plaintiff in error, with the above-described outfit, and accompanied by some unknown person, drove northward along the farm of H. Wieger. On the morning of May 26, 1897, at about half past 7 o'clock, plaintiff in error was seen driving westward on a road a mile north of the road running along the farm of McGinley, and at a point seven miles east of the east line of McGinley's farm prolonged northward. At this time plaintiff in error was...
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State v. Ponthier, 10183
...of goods found in the defendant's possession and the goods reported stolen was insufficient to sustain a conviction. Hilligas v. State, 55 Neb. 586, 75 N.W. 1110 (1898); State v. Hampton, 275 S.W.2d 356 (Mo.1955); Smith v. State, 44 Tex. Cr.R. 81, 68 S.W. 510 (1902). In Hilligas v. State, h......
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State v. Sullivan
... ... order to sustain a conviction for larceny, the state must ... identify the property alleged to have been stolen and found ... in the possession of the accused ... where the evidence ... merely shows possession by defendant of the same number of ... cattle as was stolen ( Hilligas v. State , 55 Neb ... 586, 75 N.W. 1110; Harris v. State , 13 Tex. Ct. App ... 309), or of hogs of the same color ( Smith v. State , ... 44 Tex. Crim. 81, 68 S.W. 510), or of a horse of the same ... brand, as the prosecutor's, of which many have been sold ... ( Horn v. State , 30 Tex. Ct ... ...
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State v. Smith
...Appellant. The identity of the cattle in the case at bar must be established. (Newton v. State (Tex. Cr.), 48 S.W. 507; Hilligas v. State, 55 Neb. 586, 75 N.W. 1110; Shelby v. State (Tex. Cr.), 42 S.W. Where evidence establishes similarity merely and there is no other evidence of identifica......
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State v. Blank
... ... in the possession of the accused, by the most direct and ... positive testimony of which the case is susceptible ... Where ... the evidence merely shows possession by defendant of the same ... number of cattle as was stolen (Hilligas v. State, ... 55 Neb. 586, 75 N.W. 1110; Harris v. State, 13 Tex ... Ct. App. 309), or of hogs with hair of the same color ... (Smith v. State, 44 Tex. Crim. 81, 68 S.W. 510), or ... of a [33 Idaho 734] horse with the same brand as ... prosecutor's, of which many had been sold (Horn v ... ...