State v. Hopkins
Supreme Court of Iowa
Appeals from Story District Court. These cases are submitted together as involving the same question of law. In the first case the defendant was convicted of stealing a horse from one Olson, and in the second case of stealing a horse from one Wicks. Judgment having been rendered upon the verdict in each case, the defendant appeals.
1Opinion of the CourtAdams, J.
The court in each case gave an instruction in ¡ these words: “If property recently stolen be found in the possession of a person other than the owner, the law presumes; that the person so in possession stole such property, unless his possession is satisfactorily explained or accounted for consistently with innocence. Such explanation or satisfactory accounting for the possession of the stolen property may appear from the circumstances attending the possession, as shown by the state, or other proof, and by the preponderance which means the greater weight or value, of the evidence, and not…
2Cases cited1 opinion
- State v. RichartSupreme Court of Iowa · 1881
3Cited by7 opinions
- State v. IveySupreme Court of Iowa · 1923
- State v. BartlettSupreme Court of Iowa · 1905
- State v. PetersonSupreme Court of Iowa · 1885
- State v. HaywardSupreme Court of Iowa · 1911
- State v. IrelandSupreme Court of Iowa · 1921
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