State v. Kimes

i. Criminal law: larceny: evidence. I. The evidence upon' which the state relies to sustain the conviction is wholly circumstantial, and the principal inculpatory circumstance is the alleged fact that the harness which was stolen in December, 1907, was found in appellant’s possession in the month of April following. It is urged by his counsel that this possession is so remote in time from the date of the theft that the ordinary rule as to unfavorable inferences arising from the possession of *348property recently stolen has no application. Did the record present the bald proposition of a theft in…