Smith v. State
Wyoming Supreme Court
ERROR to the District Court, Big Horn County, Hon. Carroll H. Parmelee, Judge. Upon an information charging Ella Smith with misbrand-ing two horses with the intent then and thereby to steal the same she was found guilty and sentenced to a term in the State penitentiary, and thereupon prosecuted error. The material facts are stated in the opinion.
Read the full summary
ERROR to the District Court, Big Horn County, Hon. Carroll H. Parmelee, Judge. Upon an information charging Ella Smith with misbrand-ing two horses with the intent then and thereby to steal the same she was found guilty and sentenced to a term in the State penitentiary, and thereupon prosecuted error. The material facts are stated in the opinion. All the evidence in the case should be considered in determining whether the verdict is contrary to law and sustained by the evidence. (Phillips v. Terr., 1 Wyo. 82.) Upon the material evidence in the cause the crime charged is not established, and…
1Opinion of the Court
Beard, Justice.
The plaintiff in error, Ella Smith, was charged by an information filed by the county and prosecuting attorney of Big Horn County in the district court of that county, with the crime of unlawfully and feloniously branding two *486horses, each of the value of $35.00, the property of J. M. Baldwin, with intent to steal said animals. She entered a plea of not guilty, was tried and convicted, and she brings the case here on error.
The horses that the prosecution claimed to have been so branded were two suckling colts, one a bay and the other a sorrel. The defendant testified in her own…
2Cases cited9 opinions
- Colee v. StateIndiana Supreme Court · 1881
- Shiver v. StateSupreme Court of Florida · 1899
- State v. DavisSupreme Court of Kansas · 1892
- State v. SmithSupreme Court of Connecticut · 1894
- Murphy v. StateWisconsin Supreme Court · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. GoettinaWyoming Supreme Court · 1945
- State v. CatellierWyoming Supreme Court · 1947
- Richey v. StateWyoming Supreme Court · 1921
- Claussen v. StateWyoming Supreme Court · 1913