State v. Lapke

KNIGHT, Circuit Judge.

This case is here on rehearing granted on motion of the state. The former opinion granting a new trial is reported in 61 S. D. 389, 249 N. W. 634. We are satisfied that the result there reached and announced is correct.

Our attention has been called to the statement of facts as contained in the former opinion and to particulars in which such statement is incomplete. We believe that a more complete statement would serve no useful purpose.

The conviction rests upon circumstantial evidence, given largely by witnesses who were brothers of defendant and were, prior to the…