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Show CUT REVERSES IEISHL1 Supreme Tribunal Orders New Trial in Burglary Case. Decision of the district court in tho case of Junior Overson, convicted of third-degree burglary, was reversed yesterday yes-terday by the state supreme court and he was granted a new trial. An affidavit was filed by Overson in which ho alleged he was not given a preliminary hearing and that he did not intend to waive his hearing, but that when he asked permission to see an attorney at-torney he was refused by the sheriff and without his consent the justice of the peace was told that he had waived the hearing and tho justice so ordered. In reversing the decision of the district dis-trict court, the supreme court held that the instructions given to the jury were erroneous, since it was prejudicial to the defendant, and that it might have prevented pre-vented the jury from returning a fair and impartial verdict-Justice verdict-Justice A. Jl Weber in reviewing the case says: "In an instruction in which the court declared possession of recently stolen property not of itseif sufficient for conviction con-viction of defendant, the court informed ' the jury: 'But f such possession is ac-1 ac-1 companied with much evidence as the defendant giving false, incredible or con- tradictory accounts of the manner of ac- quiring it, his attempting to conceal it, t or his being so near to the place where the property was stolen or the building entered as to create criminating circumstances circum-stances against him, such and other circumstances, cir-cumstances, when shown in connection with the possession, the larceny or housebreaking, may raise a presumption of guilt in the possessor.' " According to the written opinion of the supreme court, this instruction was based upon material facts which were not before be-fore the jury. |