State v. Pirkey

This case is before us on a petition for rehearing. The former decision of the court will be found in 22 S. D. 550, 1x8 N. W. 1042. The petition for rehearing presents for consideration a single proposition. A brief statement of the facts is, perhaps, necessary to a clear undrestanding of the question involved.

By an information filed in the circuit court of Lyman county the accused was charged with the crime of receiving stolen property, to wit, 17 head of horses, alleged to have been *534stolen by William Morgan, Samuel Watkins, Edward Whiting, and David Raymond. The transaction in which the…