State v. Johnson

Olsen, C.

Defendant .was convicted of grand larceny and appeals from an order denying his motion for a new trial.

1. There is undisputed evidence that some 60 bushels of potatoes owned by one Shoberg were stolen from his root cellar on or about the date stated in the information; and, while the evidence does not show the exact hour of the theft, it is amply sufficient to justify the jury in finding that the potatoes were taken in the nighttime.

2. The evidence to show that defendant was the person who committed the larceny is circumstantial only. It shows his familiarity with the premises; his…