State v. Kaiser

■CAMPBEEL, J.

Defendant and one Charles Eloe were jointly informed against for larceny of a hog.. Eloe entered a plea of guilty, and was a witness at the trial of defendant, who pleaded not guilty. Defendant was a witness in his own behalf, and his testimony was not entirely identical with the testimony of Eloe, through their stories coincided in many respects.

The evidence of Eloe and defendant, with their principal points of variance, may be thus summarized: Eloe and defendant were acquaintances. They met in Dead, S'. D., on December 20, 1928. They left Dead together on December 22d, in…