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52 Iowa 701

State v. Stevenson

Supreme Court of Iowa

Decided December 15, 1879

Supreme Court of Iowa · decided 1879-12-15

The defendant was indicted, under section 4088 of the Code, for unlawfully selling, transferring, and removing beyond Ms control 178 bushels of wheat, left with him for storage and safe keeping. He was tried and convicted. He appeals.

Decided 1879-12-15

¶1ON REHEARING.

Day, J.

¶2— Upon the petition of appellant a' rehearing was granted in this case. The rehearing was allowed, not so much on account of any doubt of the correctness of our former opinion, under the statute, as from a hope that we might be able to discover some legal avenue to a different conclusion, and thus relieve the defendant of the consequences of a conviction which seemed to us, under the circumstances, to be one attended with very great hardship. After a careful examination of the case we are unable to reach any other conclusion than that above announced. The opinion heretofore filed is adhered to.

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