State v. Lindley
South Dakota Supreme Court
Error to circuit court, Marshall county. . Hon. Frank B. Smith, Judge. G. B. Lindley was convicted of larceny of money, and, his motion for a new trial being overruled, he brings error. The facts are stated in the opinion. An instruction not supported by substantial evidence is reversible error.
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Error to circuit court, Marshall county. . Hon. Frank B. Smith, Judge. G. B. Lindley was convicted of larceny of money, and, his motion for a new trial being overruled, he brings error. The facts are stated in the opinion. An instruction not supported by substantial evidence is reversible error. Rosenkrantz v. Wolf, 115 Ill. 331; 2 Enc. of PI. and Pr. 576. If possession of the property is obtained by lawful means there can be no larceny even though it is afterwards appropriated to the use of the taker. 12 Ency. of Law, 770; Beatty v. State, 61 Miss. 18; Stockley v. State, 6 S. W. 538; Watkins…
1Opinion of the CourtCorson, J.
Upon an information duly filed the plaintiff in error was tried and convicted of the crime of grand larceny, and sentenced to a term of two years and six months in the state penitentiary. A motion for a new trial was made and denied, The case is now before ns for review on a writ of error issued to the circuit court of Marshall county. The plaintiff in error, whom we shall hereafter designate as the “accused,” contends (1) that the court erred in not granting a new trial on the ground that the verdict of the jury was against the haw and the evidence; (2) for the reason that the court erred in…
2Cited by10 opinions
- State v. ColemanSouth Dakota Supreme Court · 1904
- State v. CzerneySouth Dakota Supreme Court · 1933
- B.L.J. v. Polk County Department of Social ServicesWisconsin Supreme Court · 1991
- State v. TarbellSouth Dakota Supreme Court · 1936
- State v. NelsonSouth Dakota Supreme Court · 1969
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