Hubble v. State

Concurring Opinion

Hoffman, C.J.

I concur in the result reached but believe that the State did establish that the Smith-Corona adding machines were the property of G. C. Murphy Company.

Mr. Duane R. Marr, Assistant Manager of G. C. Murphy Company, testified:

“Q. And, whose adding machines were they?

“A. G. C. Murphy Company.”

This clearly established the ownership in G. C. Murphy Company. Mr. Marr’s explanation of his basis for this answer merely went to the weight of the testimony, and such was for the trier of the facts.

On appeal by a defendant we can only consider the evidence most favorable to…