State v. Weckert

Citations

• 17 S.D. 202
• 95 N.W. 924
• 1903 S.D. LEXIS 27

Syllabus

<p>In a prosecution for larceny the court charged, that if the jury believed that defendant took the property under an honest, though mistaken, belief of ownership, it would be their duty to acquit. ‘‘In other words, where a defendant charged with larceny tells the jury, or where the jury becomes satisfied from the evidence, that the original taking was under an honest or mistaken claim of right to the property, it is the duty of the jury to acquit him; and before you can convict the defendant in this case, the state must satisfy you,” beyond a reasonable doubt, that the defendant took the property in the manner and form charged, knowing the same not to be his, and with intent to deprive the owner of the property thereof. Held erroneous, as casting the burden of proof that the property wrs taken under an honest claim of ownei’ship on the defendant.</p>