State v. Trosper
Montana Supreme Court
Appeal from District Court, Samders County; Henry L. Myers, Judge. Thomas Trosper was convicted of grand larceny, and appeals from the judgment and from an order denying him a new trial. The testimony fails to show any animus furandi, any guilty intent, any identification even of the animal alleged to be the property of the prosecuting witness. (Watson v. State (Tex. Cr.
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Appeal from District Court, Samders County; Henry L. Myers, Judge. Thomas Trosper was convicted of grand larceny, and appeals from the judgment and from an order denying him a new trial. The testimony fails to show any animus furandi, any guilty intent, any identification even of the animal alleged to be the property of the prosecuting witness. (Watson v. State (Tex. Cr. App.), 82 S. W. 514.) This court has held that the mere fact that the brand belonged to the prosecuting witness, and that the animal bore such brand, was not proof that they belonged to the prosecuting witness at the time…
1Opinion of the CourtJustice Holloway
Thomas Trosper was convicted of grand larceny in stealing a certain cow or heifer alleged to be the property of one Axel Schulstad, and has appealed from the judgment and from an order denying him a new trial. It will only be necessary to consider two of the specifications made.
1. Among others, the court gave instruction No. 14, as follows: “You are instructed that the recent possession of the *446stolen property, if it be proven by all of the evidence beyond a reasonable doubt to have been stolen, while not alone sufficient evidence to find the possessor thereof guilty of the crime of having…
2Cases cited2 opinions
- State v. De WolfeMontana Supreme Court · 1904
- First National Bank v. CarrollMontana Supreme Court · 1907
3Cited by16 opinions
- State v. WilletteMontana Supreme Court · 1912
- State v. LundbladeMontana Supreme Court · 1981
- State v. LundrladeMontana Supreme Court · 1981
- Shriver v. Union Stock Yards National BankSupreme Court of Kansas · 1925
- State v. CassillMontana Supreme Court · 1924
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