Legal Opinion

State v. Guffey

South Dakota Supreme Court

Decided March 8, 1918No. File No. 4200Published

Appeal from Circuit Court, Me'aidie Oo-un-ty. Plan. John E. Hughes, Judge. The defendían!, Joshua Guffey,, waisi do-nyidbed of the crime of lairceny, amid he appeals. (1) To point one -of the opinion, Appellant aited-: Gacfe: Giv. Pi-oc.

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Appeal from Circuit Court, Me'aidie Oo-un-ty. Plan. John E. Hughes, Judge. The defendían!, Joshua Guffey,, waisi do-nyidbed of the crime of lairceny, amid he appeals. (1) To point one -of the opinion, Appellant aited-: Gacfe: Giv. Pi-oc. Secs. 292, 257. (2) To p'ainit two of the opinion, Appellant cited: Biranltley v. State, (Ga.) 41 S. E. 695; People v. Murray, (Mich.) 40 N. W. 29; 12 Currant Law, p. 80; Blashfield on Instructions, Sec. 109. Respondent submitted .that: In view of the foot that the instructions mentioned in these assignments were. not instructions upon facts, -but merely -in…

1Opinion of the CourtSmith, J.

Appellant was convicted of the larceny of seven bead of 'horses, belonging to one Gullikson. At the trial one of the animals was claimed to have been identified and traced to defendant's possession. Certain witnesses flor the state testified ito having seen defendant driving a bunch of horses resembling the horses, stolen, which ware delivered to one Ros.an.dar, who sold certain hoirses, not identified as ¡those stolen, to a government ¡horse buyer, who, it is claimed, rejected the one particular animal, la gray mane, o.n account of its color. The gray mare, while in Rosandar’s y'ardl, was'…

2Cases cited7 opinions

  1. State v. YatesSupreme Court of Minnesota · 1906
  2. Hash v. CommonwealthSupreme Court of Virginia · 1891
  3. Coman v. WunderlichWisconsin Supreme Court · 1904
  4. Baldwin v. StateSupreme Court of Georgia · 1904
  5. Scott v. StateCourt of Appeals of Georgia · 1908

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