The first two exceptions were taken to the rejection of evidence and the third, fourth, and fifth to the admission of proof that the defendant had in his possession $800 or $900 in 1917 and $2,340 in August, 1930. These exceptions present no satisfactory cause for a new trial; and so as to the sixth.
Exceptions 7, 8, 9, relate to the charge on the second and third issues, but in these instructions we find no error. As stated by the court the burden of these issues was on the plaintiff and was not necessarily affected by the principle applicable to property recently stolen. That Campbell deposited the money he received from Camp and Borders in the Postal Savings Account is not a necessary or presumptive deduction from his recent receipt of it.
We find no error upon the merits without passing on the question whether the appeal should be dismissed for the reason that the appellant elected to abide by the judgment and issued execution against the person as well as against the property of the defendant, and caused him to be imprisoned. If the plaintiff received no benefit the defendant at least suffered personal detriment.
No error.