147 N.W. 69 | S.D. | 1914
The defendant was, by information, charged with the larceny at Butte county, S. D., on March 12, 1913, of one sorrel saddle horse branded 7I16 on the left shoulder, the property of the J. G. Sheldon estate. The trial was had in November, 1913, resulting in a conviction of the defendant of the crime charged. From the judgment and order denying a new trial the defendant appeals.
The evidence introduced on behalf of the prosecution dis
“The corpus: delicti or fact that the goods have been stolen is a thing apart from the presumption we are considering.” (viz. ■the presumption- from- the possession of the stolen goods;) “so that before the presumption can be invoked the fact of the stealing must be otherwise shown; the sphere of this presumption being, not to prove the -theft hut to identify the thief.”
See also Sanders v. State, 167 Ala. 85, 52 So. 417, 28 L. R. A. (N. S.) 536, and cases cited under the note in the LR. A. citation of said cause.
This conclusion renders it unnecessary to consider the other errors complained of. The judgment and order denying a ne^ trial are reversed and the cause remanded.