State v. Ellers

The only evidence that tends to show that Ellers may have gotten any of the money taken from Taylor’s Store, is found in Cockrell’s testimony. And his testimony in this respect is to the effect that he gave Ellers a dollar, but in response to a direct question as to whether he gave him a dollar that he had stolen from Taylor’s Store, he stated that he had other money of his own. Moreover, he testified that he smoked the cigarettes and that the two or three dollars in change taken from Taylor’s Store was hid with the other money.

The burden being upon the State to show beyond a reasonable doubt…