Clare v. People

Plaintiffs in error, being lessees of a mine, were tried and convicted of removing and concealing ore *123therefrom with intent to defraud the owner thereof. The prosecution took place under section 2513 of the General Statutes. The- evidence upon which the conviction rests is not contained in the abstract before us, but counsel agree that it was “wholly circumstantial.” Two assignments of error are pressed for consideration.

One of the instructions given on behalf of the state contained, inter alia, the following:

“ * * * That the rule requiring the jury to be satisfied of the' defendant’s guilt…