Opinion
December, 1917.
We are of the opinion that the evidence fairly shows that the defendant appropriated the property openly and avowedly under a claim of title preferred in good faith. Even if there is some evidence to the contrary, the verdict of the jury is against the weight of the evidence upon that question. All concurred, except Foote, J., who dissented and voted for affirmance. Judgment of conviction and order reversed, and new trial granted upon the law and facts.