State v. Austin

Tbis is a conviction for tbe larceny of money from one Surratt. Tbe evidence is entirely circumstantial. There are various exceptions, but only one tbat we tbint necessary to consider. Tbe defendant’s sixteenth prayer for instruction is as follows: “In tbis case there is no evidence tbat tbe lot on which tbe bag of money is said to have been found was at any time in tbe actual or constructive possession of tbe defendant, and therefore if tbe jury believe tbat tbe money so found was tbe property of Surratt, no presumption of defendant’s guilt is raised thereby, as tbe defendant bad no dominion…