Dobson v. State
Nebraska Supreme Court
Error to the district court for Cherry county. Tried, below before Kinkaid, J. The case is stated by the commissioner. The court below erred in giving the following instruction: “The jury are instructed by the court possession of stolen property, recently after the same has been stolen, unexplained by the circumstances attendant thereon or otherwise, constitutes prima faeie evidence of the guilt of the party so found in the possession thereof.”
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Error to the district court for Cherry county. Tried, below before Kinkaid, J. The case is stated by the commissioner. The court below erred in giving the following instruction: “The jury are instructed by the court possession of stolen property, recently after the same has been stolen, unexplained by the circumstances attendant thereon or otherwise, constitutes prima faeie evidence of the guilt of the party so found in the possession thereof.” (Robb v. State, 35 Neb., 285; Thompson v. People, 4 Neb., 529; Thompson v. State, 6 Neb., 102; Grentzinger v. State, 31 Neb., 460; Pollard v. State,…
1Opinion of the Court
Ryan, C.
The defendant was convicted of larceny in the district court of Cherry county and was sentenced to imprisonment for a term of three years in the penitentiary, etc. The property stolen consisted of two steers claimed to have been taken from the open prairie and shipped to South Omaha, and there sold by an agent of the plaintiff in error, under the direction of the party last indicated. On its own motion the court have the following instruction, to which the plaintiff in error duly excepted :
“ 4. The jury are instructed by the court possession of the stolen property, recently after the…
2Cases cited4 opinions
- Thompson v. PeopleNebraska Supreme Court · 1876
- Thompson v. StateNebraska Supreme Court · 1877
- Robb v. StateNebraska Supreme Court · 1892
- Grentzinger v. StateNebraska Supreme Court · 1891
3Cited by9 opinions
- Metz v. StateNebraska Supreme Court · 1895
- State v. BarrettaUtah Supreme Court · 1916
- Peterson v. SorensenUtah Supreme Court · 1937
- State v. HoshawSupreme Court of Minnesota · 1903
- Barr v. StateNebraska Supreme Court · 1926
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