38 S.C. 348 | S.C. | 1893
The opinion of the court was delivered by
The defendants were found guilty of grand larceny — stealing one bale of cotton, alleged to be the property of a “ginning firm,” c.omposed of Che defendant, Richard Davenport, and nine others, and alleged to be of the value of twenty dollars. They were sentenced to imprisonment in the State penitentiary for one year. A motion was made before the trial judge for a new trial, on the ground of newly discovered evidence, and errors of law charged by the
I. Because the presiding judge erred in overruling the defendants’ motion for a new trial, and in refusing to grant the same.
II. Because the presiding judge erred in charging the jury that the ignorantly helping to load the cotton in question, and to carry it away by a member of the firm, would not keep it from being larceny, because he was not right sure that a member of that ginning firm “might not have been guilty of larceny, if he had taken the property from the common place where it was stored, and carried it away and converted it fraudulently to his own use;” thus confusing and leaving the minds of the jury in doubt as to the true import of the charge and the facts applicable thereto, in carrying away and fraudulently converting the cotton to his own use by a member of the firm.
III. Because the presiding judge erred in charging that it was for the State to show the guilt of the defendants beyond a reasonable doubt, and, in connection with said charge, failed to define what constituted a reasonable doubt, in a sufficiently clear and distinct manner.
IV. Because the presiding judge erred in charging the rule in reference to circumstantial evidence to be, that the testimony must not only be consistent with the guilt of the defendants, but inconsistent “with any other reasonable supposition,” and more especially in not making clear to the jury what was the meaning of an inconsistency “with any other reasonable supposition.”
V. Because the présiding judge erred in not charging the distinction between trespass and larceny, when the whole drift of the facts raised the question as to whether defendants committed trespass or larceny; and, therefore, the court had no jurisdiction.
VI. Because the Circuit Court had no jurisdiction of the larceny charged, as there was no sufficient proof of grand larceny, as charged in the indictment.
This is a case of purely circumstantial evidence, which is all
In reference to the 5th exception, it is said to be discussed in the 2d exception.
3 The 3d exception complains that the judge “failed to define what constitutes a reasonable doubt, in a sufficiently clear and distinct manner.” This is certainly very indefinite as a legal objection, and we can not say that it was appealable error.
The judgment of this court is, that the judgment of the Circuit Court be affirmed.