84 P. 893 | Utah | 1906
Tbe defendant was convicted of tbe crime of burglary and upon being sentenced to a term in tbe penitentiary, and a new trial having been refused, be appealed to this court.
Tbe decisive question on this appeal is whether tbe evidence is sufficient to' justify tbe conviction, and we are of tbe opinion that this must be answered in tbe negative. Tbe appellant was charged with having burglarized a chicken bouse, tbe property of Karen J"ensen, on tbe night of December 19, 1904. Tbe evidence on tbe part of tbe prosecution shows, in substance, that tbe chicken bouse, tbe walls thereof made of rock and tbe roof of lumber, which contained three rooms, with a stove in tbe middle room, was located next to a bay barn; tbe door being so that one “could go out of tbe chicken bouse into tbe barn.” Tbe witness Mrs. Karen Jensen says tbe entrance door, leading in from tbe end next tbe bay, was on that evening fastened with a hasp. She says she retired about 9 o’clock and was awakened about 12 by a fire in tbe bay barn; that she found tbe door open, and no chickens in tbe chicken bouse; and that there bad been “no fire made in tbe stove after half past 3 o’clock.” She also said “there was bay in all three of tbe rooms. Tbe next morning there were but two chickens left, and tbe bodies of two were found in tbe ruins. There is no direct proof to show that tbe defendant on that night was about tbe premises, but tbe witness Westphal testified that, between twelve and one o’clock, while on a different street from tbe one on which tbe premises are located, be saw tbe fire to tbe east about a mile distant, and, about seven minutes after first seeing it, be met two persons in a buggy of a peculiar shape going north and driving rapidly; that, after they bad passed, be recognized one of them as tbe defendant; and that “it looked like they bad a bundle of quilts in tbe buggy.” On a former occasion, however, tbe witness testified: “Well, I can’t say positive that it was him.” Tbe two men were driving a dark horse, while tbe defendant was accustomed to drive a light iron-gray horse. Several other witnesses saw those men driving tbe dark horse, but, it appears, none of
Against this evidence of the prosecution is the testimony of the defendant that on the 19th day of December, the day on which the alleged offense is charged to have been committed, he was at the home of his mother-in-law, Mrs. Ellen Ivers, where his wife was sick, and remained there from about nine o’clock in the morning until about twelve o’clock at night and the defendant’s testimony in this regard is corroborated by that of his wife and four other credible witnesses, as appears from the record. There is also evidence of circumstances which tends strongly. against the correctness of this conviction. As appears from the testimony already referred to, one of the witnesses stated that the two men whom he met driving, and one of whom he recognized as the defendant, had what appeared to' be a bundle of quilts in the buggy. Now, if that testimony was intended to convey the idea that the chickens were concealed under the quilts, then, it would seem, common knowledge of such things would suggest the impossibility of so concealing and
Under the law it was incumbent upon the jury to acquit the defendant, if the evidence, relied upon, could be reconciled upon any reasonable hypothesis consistent with the innocence of the defendant. Especially is this rule applicable, where, as here it is sought to convict the accused wholly upon circumstantial evidence, and where the circumstances leave the mind in grave doubt as to the commission of the offense; there being no direct proof of the corpus delicti. That the fire and disappearance of the chickens and evidence relied upon to sustain the verdict can readily be explained upon a reasonable hypothesis consistent with the innocence of the
“With, respect to all verbal admissions,” says Mr. G-reenleaf, in his work on Evidence (vol. 1, see. 200), “it may be observed that they ought to be received with great caution. The evidence, consisting as it does in the mere repetition of oral statements, is subject to much imperfection and mistake; the party himself either being misinformed, or not having clearly expressed his own meaning, or the witness having misunderstood him. It frequently happens, also, that the witness, by
Respecting confessions', tbe author, in the same volume (section 214), says:
“But here, also, as we have before remarked in regard to admissions, the evidence of verbal confessions of guilt is to be received with great caution. Bor, besides the danger of mistake from the misapprehension of witnesses, the misuse of words, the failure of the party to express his own meaning, and the infirmity of memory, it should be recollected that the mind of the prisoner himself is oppressed by the calamity of his situation, and that he is often influenced by motives of hope or fear to make an untrue confession. The zeal, too, which so generally prevails, to detect offenders, especially in eases of aggravated guilt and the strong disposition, in the persons engaged in the pursuit of evidence, to rely on slight grounds of suspicion, which are exaggerated into sufficient proof, together with the character of the persons necessarily called as witnesses in cases of secret and atrocious crime, all tend to impair the value of this kind of evidence, and sometimes lead to its rejection where, in civil actions, it would have been received.”
Even if it bad been admitted that tbe statement, attributed to the defendant, was made by him, still it would not have been entirely improbable that tbe circumstances prompted it —that tbe accused, if in fact innocent, felt himself so embarrassed, by bis situation and surroundings, that, rather than run tbe risk of a conviction for a heinous crime, be would choose to plead guilty to petit larceny and pay for the property in question. Whatever may be the real facts in this case, tbe evidence in tbe record is not such as to warrant a conviction. In our judgment it is wholly insufficient to sustain tbe verdict. It is not even shown beyond a reasonable doubt that tbe crime charged was committed by any one. Under such circumstances as here disclosed, with no direct proof of the commission of the .alleged offense, or of tbe guilt of the accused, a person cannot be deprived of his liberty. This case clearly falls within the principles adopted and declared in State v. Gordon, 28 Utah 15, 76 Pac. 882, where this court, speaking through Hr. Justice McCarty, held:
*325 “Where there is an absolute lack of evidence to sustain a verdict in a criminal case, it is error to submit the case at all to the jury.” (State v. Seymour, 7 Idaho 257, 548, 61 Pac. 1033, 1036.)
While we are of the opinion that evidence of an admission, lite the one claimed to have been made by the. defendant, is admissible, when offered in a proper manner and 'at a proper time, it, with the circumstances herein disclosed, cannot be regarded as sufficient proof to' sustain the verdict.
The judgment must be reversed, and the cause remanded, with instructions to the court below to grant a new trial. It is so prdered.