Goldwire v. State

1. Where the defendant is charged with hog-stea'iing, and his guilt is wholly dependent upon the inference arising from the recent possession of one of the hogs stolen, and if this possession is shown by uneontradicted and unimpeached evidence to be consistent with his innocence, the evidence should be credited and have the effect of overcoming a mere presumption. But this rule is subject to many qualifications, some of which are: where there is such a degree of improbability in the statements themselves of the witnesses as to deprive them of credit, however positively made; and where there…