State v. Nesbit

Citations

• 4 Idaho 548
• 43 P. 66
• 1895 Ida. LEXIS 62

Syllabus

<p>Grand Larceny — Sufficiency of Evidence. — When there is absolutely no evidence to sustain the verdict, or where the evidence so preponderates against the verdict as to justify the presumption that it was rendered under the influence of passion or prejudice, the verdict should be set aside.</p> <p>Same — Verdict.—When the circumstances on which a verdict is based can be as reasonably explained upon some other reasonable hypothesis than that of defendant’s guilt or as perfectly consistent with defendant’s innocence, then a new trial should be granted.</p> <p>(Syllabus by the 'court.)</p>