¶1The evidence in this case, though entirely circumstantial, was sufficient to warrant the conviction; and the verdict of guilty having been approved by the trial judge, this court will not overrule his refusal to grant a new trial.
¶2Judgment affirmed.
¶3dissenting. — A conviction should not be sustained where it is manifest that the verdict was predicated merely on suspicion and against the positive evidence'of a legally credible unimpeached witness.