Ruzicka v. State

I respectfully dissent from the opinion finally adopted by this court. The case was first argued to the court on September 21, and ordered reargued on November 20, 1939. The reversal of conviction is based on the question of the *482sufficiency of the evidence to sustain the verdict of guilty returned by the jury.

The defendant denied her guilt, but the only conclusion to be drawn from the verdict is that the jury did not believe the story she told on the witness-stand.

What were the facts, as shown by the evidence, which the jury did believe?

Dorothy LeGrand testified that she was 60 years of age,…