State v. Osborne
Supreme Court of Iowa
Appeal from Greene District Court. At the November Term, 1874, of the Greene District Court the defendant was indicted for the larceny of a double set of harness, the property of Joshua Payne, on the night of the 27th day of April,. 1874, from the stable of said Payne, in Greene county. The defendant pleaded not guilty, and upon his motion the cause was continued. At the April Term, 1875, the cause was tried, and the jury disagreed.
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Appeal from Greene District Court. At the November Term, 1874, of the Greene District Court the defendant was indicted for the larceny of a double set of harness, the property of Joshua Payne, on the night of the 27th day of April,. 1874, from the stable of said Payne, in Greene county. The defendant pleaded not guilty, and upon his motion the cause was continued. At the April Term, 1875, the cause was tried, and the jury disagreed. At the November Term, 1875, the cause was again tried; a verdict of guilty was returned, and the value of the property was assessed at $21. The motion for new…
1Opinion of the Court
Day, On. J.
We are satisfied that the evidence is utterly insufficient to support the verdict, and that for that reason a new trial should have been granted. Payne’s harness was stolen on the night of the 27th of April, 1874. On the 22d day of July, 1874, the defendant was arrested in Wilson county, Kansas, and had in his possession a set of harness which Payne claims are the ones stolen from him.
i criminar ldentityo£ny: property. 1. The harness found in defendant’s possession were produced at the trial. Their identity with those stolen from Payne is not satisfactorily established. It is true…
2Cited by4 opinions
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- Bank of Monroe v. Anderson Bros. Mining & RailwaySupreme Court of Iowa · 1885
- O'Connell v. United Railroads of San FranciscoCalifornia Court of Appeal · 1912
- State v. HawksSupreme Court of Iowa · 1931