State v. Balfany

The defendant was convicted of the larceny of 57 chickens and, from1 the judgment and an order denying his motion for a new trial, he appeals to this court.

Two grounds, insufficiency of the evidence to support the verdict and misconduct of the jury, are urged for a reversal.

Upon the first ground', the evidence on behalf of the state tended to prove that the complaining witness, Mrs. Fisher, lived some ten miles south of Winner; that, on the morning of April 17, 1925, she missed the chickens, and immediately commenced to1 make inquiries and otherwise to endeavor to ascertain who had taken…