76 P. 882 | Utah | 1904
The information in this case, in substance, charges that the defendant on the fifth day of December, 1902, at San Juan county, did feloniously steal and drive away two mares, the property of one D. B. Perkins. The defendant was found guilty, and sentenced to imprisonment in the State prison for a period of twenty months. Prom this judgment he appealed to this court.
There is no material conflict in the evidence in this case, and the facts proven are as follows: D. B.
When the State rested, defendant moved the court to dismiss the case for the reason that the evidence produced on the part of the State was insufficient to show that the crime of grand larceny had been committed, or that the defendant had anything to do with the killing of the horses. The motion was denied, and the defendant
The court gave the jury the following instruction: “If you believe from the evidence, beyond a reasonable
Not only did the court err in giving, the foregoing instruction, but it was error to submit the case at all to the jury. As was said by the court in the case
The case is reversed. The State having failed to make out a prima facie case against the defendant, and