State v. Young
Supreme Court of Vermont
Indictment for larceny of two horses, two harnesses and a buggy wagon. Plea, not guilty. Trial by jury at the June-term, 1894, Bennington county, Taft, J., presiding. Verdict and judgment of guilty. The respondent excepts.
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Indictment for larceny of two horses, two harnesses and a buggy wagon. Plea, not guilty. Trial by jury at the June-term, 1894, Bennington county, Taft, J., presiding. Verdict and judgment of guilty. The respondent excepts. The testimony of the state tended to show that the respondent came over the Bennington & Rutland railway from the direction of Eagle Bridge on the evening of August 29,. 1893, reaching the town and village of Sunderland at about seven o’clock in the evening ; that about midnight he stole the-team in question from the barn of aMr. Hill, near the Sunder-land railway station ;…
1Opinion of the CourtTyler, J.
The testimony of the witness Bixby was, that on the evening of the alleged larceny a man rode with him in a baggage car; that at a certain .point on the route the man asked him if the next station was not Sunderland; that he replied that it was Arlington, and that the man soon afterwards disappeared. This evidence only tended to show that the man was looking for the Sunderland station, near which the larceny was committed. It had no tendency to identify him as the thief.
Bixby further testified — and this was the subjéct of exception — that a few days later he saw the same person in a seat in…
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