Upton v. State
Supreme Court of Iowa
Appeal from the Davis District Court. . Indictment for aiding to conceal stolen property. At the August term of the district court for Davis county, 1857, the defendant was found guilty, and his motion for a new trial being overruled, judgment was rendered on the verdict. The only evidence tending to connect the defendant with the commission of the offence, was the testimony of one Dyson, as follows : “ Myself and Rhodes set two horses in Missouri.
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Appeal from the Davis District Court. . Indictment for aiding to conceal stolen property. At the August term of the district court for Davis county, 1857, the defendant was found guilty, and his motion for a new trial being overruled, judgment was rendered on the verdict. The only evidence tending to connect the defendant with the commission of the offence, was the testimony of one Dyson, as follows : “ Myself and Rhodes set two horses in Missouri. We come up through Iowa, through Davis county, and stopped at defendant’s. It was about‘sun up.’ .We rode up and spoke. Defendant was standing in…
1Opinion of the Court
Stockton, J.-
-The charge in the indictment is, that defendant aided one James Ehodes to conceal two horses stolen from Michael Boatman, knowing the same to be stolen. All the evidence given on the trial is embodied in the record, and upon examination of the same, we are satisfied that defendant was convicted upon insufficient testimony, and that the motion for a new trial was improperly over ruled. The only evidence tending to connect the defendant with the commission of the offence, is given by Thomas Dyson, who, on his examination, testified that the horses that defendant is charged with…
2Cited by2 opinions
- State v. UptonSupreme Court of Iowa · 1969
- State v. TulleySupreme Court of Iowa · 1864