State v. Seymour

Citations

• 10 Idaho 699
• 79 P. 825
• 1905 Ida. LEXIS 14

Syllabus

<p>Sufficiency of Evidence to Support Verdict — Evidence Consistent With Innocence — Admission of Exemplars for Comparison of Handwriting.</p> <p>1. Where S. was arrested on a charge of the larceny of a horse, and at the time of his arrest the animal was found in his possession, and the defendant upon his trial showed that he took the horse up in pursuance of an order from one K., who, he supposed, had a right to the possession of the animal, and that he (S.) had never claimed the animal as his own, but had at all times disclaimed ownership and represented that the animal belonged to K., and that he had kept and used the animal in an open and notorious manner, and there is no conflict in any of the material facts proven, the defendant is entitled to his acquittal and a verdict against him should be set aside and a new trial granted.</p> <p>2. Where all the evidence in the case is consistent with defendant’s innocence, and all the circumstances shown in the case are explained on that theory and appear reasonable, the defendant should be acquitted.</p> <p>3. The admission in evidence of papers irrelevant to the record for the sole purpose of creating a standard of comparison of handwriting should not be allowed except in cases where the papers are conceded to be genuine, or are such as the opposing party is estopped to deny or fall within some equally well recognized exception.</p> <p>(Syllabus by the court.)</p>