189 Ind. 459 | Ind. | 1920
The indictment on which appellant was tried charged him with the larceny of four chickens, of the value of $6, the property of Henry Suhre. To this indictment he pleaded, “Not guilty.”
Appellant testified as a witness and on cross-examination stated that he had previously pleaded guilty
Complaint is made of the giving of certain instructions, but, after carefully considering them in connection with the evidence, we are convinced that no inaccuracies complained of could have adversely .affected the appellant.
The undisputed evidence shows that, if the chickens were stolen at all, they were stolen not more than a few hours before the time when the bag supposed to contain them was shown to have been in the wagon driven by the appellant, and not more than eighteen hours before they were found by the gate. The omission of the word “recently” in declaring the effect as evidence of guilt of the fact of being found in possession of stolen property “after the commission of the alleged larceny” could not have misled the jury. The instruction as to the effect of restitution was not applicable to any evidence in the case, but could not have harmed the appellant. And the comments on circumstantial evidence, apparently copied from some text-book, were not at all prejudicial to him.
That appellant did not flee when he learned that the chickens had been found, and knew that he was suspected of stealing them, was legitimate matter for comment by counsel and for consideration by the jury. But the action of the sheriff, after appellant had been indicted and arrested, and after his bail had been fixed at $1,500, had no more tendency to prove him innocent than would the action of any neighbor of the appellant in signing his bail bond as surety for his appearance.
The judgment of the circuit court is affirmed.