State v. Collett

Citations

• 9 Idaho 608
• 75 P. 271
• 1904 Ida. LEXIS 77

Syllabus

<p>Description of Property in Information — When Sufficient — Conflicting Instructions — New Trial not Granted When.</p> <p>1. An information that charges the larceny of one horse is not repugnant to section 7679 of the Revised Statutes, for want of sufficient description.</p> <p>2. An instruction charging that the possession o'f recently stolen property is in law a strong criminating circumstance tending to show guilt unless the evidence and the facts and circumstances proved show that they may have come honestly into possession of the same, is not error, neither is it in conflict with a charge that possession of stolen property recently after the theft, if unexplained, is a circumstance tending to show the guilt of the possessor. Still, in this case, if the jury believe from the evidence that the defendants were placed in possession of the property by others, and were honestly employed to deliver said property into the possession of another, and were, at the time of their arrest, openly and publicly carrying out the conditions of their employment, this is a satisfactory account of the possession of the animal in question.</p> <p>3. Where there is a substantial conflict in the evidence on the material issues involved, a new trial will not be granted.</p> <p>(Syllabus by the court.)</p>