Gardner v. State
Wyoming Supreme Court
ERROR to the District Court of Laramie County; HoN. William C. MeNtzbr, Judge. Lee Gardner was convicted of larceny and brings error. The material facts are set forth in the opinion. There was not sufficient evidence to justify conviction; the court erred in refusing the one instruction requested by defendant.
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ERROR to the District Court of Laramie County; HoN. William C. MeNtzbr, Judge. Lee Gardner was convicted of larceny and brings error. The material facts are set forth in the opinion. There was not sufficient evidence to justify conviction; the court erred in refusing the one instruction requested by defendant. Careful search of the record will fail to disclose evidence of an incriminating character identifying defendant with the theft of the grain in controversy and we invite a careful inspection of the record in justification of this contention. There was evidence of defendant’s good…
1Opinion of the CourtBlydenburgh, J.
The plaintiff in error, Lee Gardner, was informed against jointly with one Charles Netterfield, in the District Court of Laramie County, for the larceny of fifty bushels, of macaroni wheat and four sacks of grain screenings, of the total value of $100, the property of George P. Chap-pell. The plaintiff in err or, 'having demanded a separate trial, was separately tried by a jury which rendered a verdict of guilty. A motion for a new trial was filed,, argued and denied, an exception to the ruling being duly taken and preserved, .and the plaintiff in error sentenced *321to a term in tlie…
2Cases cited24 opinions
- People v. MurrayMichigan Supreme Court · 1888
- Hamilton v. StateSupreme Court of Georgia · 1895
- People v. PhippsCalifornia Supreme Court · 1870
- State v. SuitorMontana Supreme Court · 1911
- State v. MullinsMontana Supreme Court · 1918
19 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Jones v. StateWyoming Supreme Court · 1978
- Hays v. StateWyoming Supreme Court · 1974
- State v. GeorgeWyoming Supreme Court · 1926
- Murdock v. StateWyoming Supreme Court · 1960
- Reyes v. StateNebraska Supreme Court · 1949
30 more not listed; retrieve them via the Exa API.