State v. Potello

McCARTY, J.

(concurring).

I concur with my associates in their construction of section 4355, Comp. Laws 1907. I am of the opinion, however, that the evidence in this ease is sufficient to support a finding by the jury that the horse, when it came into the possession of the defendant, had been recently stolen; but I am also clearly of the opinion that the evidence, when considered in its entirety, is wholly insufficient to sustain a verdict of guilty.