30 Iowa 251 | Iowa | 1870
The record presents a single question, to wit: Does the evidence warrant the verdict ? The testimony establishing the circumstances of the offense is quite brief. It shows that the horses were stolen from the!pasture of the owner, on the night of Monday the 23d of May, 1870. On the Thursday following, Sheehan, Deputy U. S. Mar
The case does not rest, however, alone upon this testimony, introduced on behalf of the State. The defendant introduced testimony tending to establish an alibi, and upon that he relies for his defense. The evidence upon this point is as follows. G. W. Garter testifies: “ I reside at Clear Lake, Cerro Gordo county, Iowa, and did in the month of May last; I know defendant; I saw defendant on the 23d of last May; I saw him in the morning and in the evening; we kept our horses in the same stable; it was on Monday or Tuesday, I think; I am positive as to
The judgment of the district court is reversed, and the cause remanded for new trial.
Reversed.