State v. Smith

— Defendant was indicted for stealing a mare in Greene county. Indictment suffic’cut and trial regular in all its incidents. Result, conviction ; and sentence, six years. All of the instructions on both sides were given. . The first instruction for the State is based on and but an embodiment of section 25, 1 Wag. Stat. 456, the section under which the indictment was drawn.

The second instruction for the State presents the usual formula respecting recent possession of stolen property, and the conclusiveness of such possession being guilty, unless explained. (1 Greenlf. Ev., § 34, State v. Gray,…