State v. Korth

McCOY, J„

Decision affirming the judgment of the lower court appears in 162 N. W. 144. Upon rehearing.we are of the opinion that a new trial should be granted. One of the questions raised by the assignments of error was that the evidence was insufficient to connect the appellant with the commission of the offense charged. The evidence was mostly circumstantial, and was of such a nature that the conclusion of guilt does not logically or naturally follow therefrom. While we are of the view that there was no positive or clear error shown to- have been committed on the trial, still we are of the…