State v. Johnson

— I. The propositions relied upon for reversal are that the evidence was insufficient to support the verdict and judgment; that the court erroneously instructed the jury on circumstantial evidence. Undisputed facts may be stated as follows: Otto Mitchell, prose-outing witness, was engaged in the business of hauling stock and grain to market between Pierson, where he lived, and Sioux City. On the night of August 20, 1923, he had made a trip to Sioux City with a load, and on the night of the 21st, shortly before midnight, he left Sioux City on his return to Pierson, proceeding homeward on the…