140 P. 126 | Utah | 1914
J. C. Reese, the defendant, was convicted of the crime of grand larceny, and appeals.
The evidence relating to the larceny, briefly stated, strongly tends to establish the following facts:
At the time of the alleged larceny the appellant was in the employ of the Denver & Rio Grande Railway Company, as a conductor on one of its freight trains. His run was be
The contention that under the evidence the court should have directed the jury to return a verdict of not guilty is clearly untenable. To hold that under the facts and circumstances of this case the jury were not justified in returning a verdict of guilty would amount to offering a premium to the employees of common carriers to steal the goods of shippers while in transit. In our judgment the jury were not only authorized to return a verdict of guilty in this case in view of the whole evidence, but we cannot see how they could have done otherwise under their oaths.
The judgment is affirmed.