State v. Mosher
South Dakota Supreme Court
Appeal from' Circuit Court, Perkins County; Hon. Frank Anderson, Judge. J. W. Mosher was convicted of receiving stolen property, and he appeals from the judgment and order denying new trial. (4) and (5) To points four and five of the opinion, Appellant cited: State v. Phillips, r8 S. D. 1, 98 N. W. 171; (Cohn v. People, 64 N. E. 306, 197 111. 482; 17 R. C. L., Sec. 89, p. 84; Bishop New Criminal Law,, Par. 1140; 21 Wharton Crim.
Read the full summary
Appeal from' Circuit Court, Perkins County; Hon. Frank Anderson, Judge. J. W. Mosher was convicted of receiving stolen property, and he appeals from the judgment and order denying new trial. (4) and (5) To points four and five of the opinion, Appellant cited: State v. Phillips, r8 S. D. 1, 98 N. W. 171; (Cohn v. People, 64 N. E. 306, 197 111. 482; 17 R. C. L., Sec. 89, p. 84; Bishop New Criminal Law,, Par. 1140; 21 Wharton Crim. Law (10th Ed.), Par, 986; Reg. v. Perkins, 5 Cox C. C. (Eng.) 554; In Re Franklin, 77 Mich. 6x5, 43 N. W. 997; Owen v. State, 52 Ind. 379; State v. Smith, 37 Mo. 58;…
1Opinion of the CourtGates, J.
This case was 'here before and the judgment was reversed because of the form of the verdict. 44 S'. D. 163, 182 N. W. 768. Upon retrial defendant was again convicted of the crime of receiving stolen property and again appeals from the judgment and order denying new trial.
The testimony on the par-t of the prosecution tended to prove the following:
*338On August 31, 1918, Millard Cleveland & Sons were running over 2,000 head of yearling ewes -about five miles northeast of Bixby. Up to 11 o’clock on that day the)' w.ere in the charge of one of the sons, Ora 'Cleveland. At that time Ora Cleveland left…
2Cases cited3 opinions
- Kirby v. United StatesSupreme Court of the United States · 1899
- People v. FeinbergIllinois Supreme Court · 1908
- State v. MosherSouth Dakota Supreme Court · 1921
3Cited by4 opinions
- State v. EsslingerSouth Dakota Supreme Court · 1984
- State v. PickeringSouth Dakota Supreme Court · 1975
- State v. HowellSouth Dakota Supreme Court · 1984
- State v. HoughtonSouth Dakota Supreme Court · 1954