28 Iowa 9 | Iowa | 1869
The point raised by defendant’s counsel is, that it was necessary, in order to authorize conviction, under the rule requiring the best evidence the nature of the case admits, to prove by the owner of the property non-consent to the taking by defendant. The instruction Ivas properly refused. The rule, as laid down in the authority cited by defendant’s counsel (Oowen and Hill’s notes; Philips Ev. 3d ed. part 1, p. 4:11), requires the introduction of the owner of the property stolen to prove his non-consent to the taking, except in eases where prop
It is claimed that the verdict is not supported by the evidence. As above pointed out, all the evidence is not embodied in the record; we could not therefore question the correctness of the verdict even though the evidence appeared insufficient. But, on the contrary, what is found in the record satisfies us that the defendant was properly convicted.
Affirmed.