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22 S.C.L. 269

State v. Spenlove

Court of Appeals of South Carolina

Decided February 14, 1837

Court of Appeals of South Carolina · decided 1837-02-14

Tried before his Honor Judge Bay, Charleston, October Term, 1836, Larceny. — Paul Renley, the prosecutor, stated that he had lost from his plantation a goat and two kids, and from information received, they were in the possession of Collins, one of the defendants. That he took out a search warrant, and went to the house of Collins, one of the defendants, and found in his possession two Rids, which he identified as his.

Decided 1837-02-14

Mr. Justice O’Neall

¶1delivered the opinion of the court.

¶2We are of opinion, that there is no evidence of the guilt of the prisoner. The only suspicious circumstance against him is, that he gave an account of the acquisition of the kids by a sailor, which may not be true. But there is no evidence that he ever had possession} .or in any way concerned in depriving the owner of them.

¶3The motion for a new trial is granted.

¶4JOHN B. O’NEALL.

¶5We concur,

RICHARD GANTT,JOSIAH J. EVANS.J. S. RICHARDSON,
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