State v. Smith

MR. JUSTICE CASTLES:

The appellant, Basil W. Smith, was convicted on a charge of larceny of property held by him as a bailee under R.C.M. 1947, see. 94-2701, subd. 2. The appeal is taken both from the judgment of conviction entered upon the verdict and from an order of the court denying a new trial.

There is little conflict in the testimony. The general fact situation was this. Appellant Smith was president and general manager of a corporation known as the S. and S. Milling Company which operated a small sawmill. The two complaining witnesses, Ted and Frank Gustafson, brothers, were partners…