State v. Erwin

BISTLINE, Justice.

The sole question presented on this appeal is whether the evidence as a matter of law, beyond a reasonable doubt, warranted a jury in finding that defendant was possessed of that requisite “felonious intent” which is an essential ingredient of the crime of larceny. We hold the evidence insufficient and reverse the judgment of conviction.

Defendant-appellant, Alan Erwin, was tried before a jury on a charge of grand larceny, under the provisions of I.C. § 18-4604(3).1 Erwin, a rancher for all of his life, moved in December of 1973 from Gooding County to Owyhee County where he…