State v. Weckert
South Dakota Supreme Court
Error to Circuit Court, Butte County. Hon. W. G. Rice, Judge. / Joseph Weckert was convicted of larceny, and brings error. A defendant in a criminal action is presumed to be innocent until the contrary is proved, and in case of a reasonable doubt as to whether his guilt is satisfactorily shown, he is entitled to be acquitted.
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Error to Circuit Court, Butte County. Hon. W. G. Rice, Judge. / Joseph Weckert was convicted of larceny, and brings error. A defendant in a criminal action is presumed to be innocent until the contrary is proved, and in case of a reasonable doubt as to whether his guilt is satisfactorily shown, he is entitled to be acquitted. It is not necessary for the defendant to satisfy the jury that he was in fact the owner of the goods alleged to have been stolen, or that he took them under a bona fide claim of right. The burden is upon the prosecution to establish the guilt of the defendant beyond a…
1Opinion of the CourtCorson, J.
Plaintiff in error was indicted, tried, and convicted of the crime of grand larceny. Motion for a new trial was made and denied, and the case is now before us on writ of error.
It is charged in the indictment that the accused willfully. *204unlawfully, feloniously, and by fraud and stealth, did take, steal; and drive away a certain dark bay gelding horse about four years old, branded S (commonly called a “Dutch D”) on the left hip, of the value of $50, said horse then and there being the property of John S. Scheaffer, with intent to deprive him thereof. The evidence disclosed that in the spring of…
2Cases cited6 opinions
- Chaffee & Co. v. United StatesSupreme Court of the United States · 1874
- McKnight V. United StatesCourt of Appeals for the Sixth Circuit · 1902
- State v. Pool GrinsteadSupreme Court of Kansas · 1901
- Bray v. StateTexas Supreme Court · 1874
- State v. EvansSouth Dakota Supreme Court · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State v. CalkinsSouth Dakota Supreme Court · 1906