delivered the opinion of the court.

We are of opinion, that there is no evidence of the guilt of the prisoner. The only suspicious circumstance against him is, that he gave an account of the acquisition of the kids by a sailor, which may not be true. But there is no evidence that he ever had possession} .or in any way concerned in depriving the owner of them.

The motion for a new trial is granted.

JOHN B. O’NEALL.

We concur,