State v. Kelter

The opinion of the court was delivered by

West, J.:

The defendant was convicted of receiving stolen property. He appeals and assigns as error the overruling of his plea in abatement, his demurrer to the information, his motion to discharge and his motion for a new trial. In his brief, however, he states that the matter is presented upon a single error — the absolute failure to prove that the property alleged to have been stolen was the property of the Chicago, Rock Island & Pacific Railway Company, bailee, and the absolute and positive proof to the contrary. This point only, therefore, need be…