Smith v. State

The appellants, as defendants in the court below, were charged through an information with the larceny of a bull, being the property of one Earl Hendry. The defendants waived a jury trial, and the case was thereupon tried by the judge of the circuit court of Collier County. They were found guilty as charged and sentenced to a term of two years in the state prison.

Primarily, the point of this appeal, urged by the appellants, is that the evidence introduced by the state was insufficient to overcome the presumption of innocence afforded to them under the law because the state had failed to…