State v. English
Montana Supreme Court
Appeal from. Eighth Judicial District, Cascade County. Conviction for larceny. Defendant was tried before Benton, J, I. It must be conceded in this case that the steer, of the stealing of which appellant was acquitted, and the cow, for the stealing of which he is now prosecuted, were taken by the same two persons upon the same occasion; that the taking and driving away of the two animals was all one transaction, and that they were taken under such circumstances that the…
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Appeal from. Eighth Judicial District, Cascade County. Conviction for larceny. Defendant was tried before Benton, J, I. It must be conceded in this case that the steer, of the stealing of which appellant was acquitted, and the cow, for the stealing of which he is now prosecuted, were taken by the same two persons upon the same occasion; that the taking and driving away of the two animals was all one transaction, and that they were taken under such circumstances that the defendant could not be guilty of the larceny of the one and not guilty of the larceny of the other. (State v. Cooper, 13 N.…
1Per curiam
The defendant appeals from the judgment convicting him of the crime of larceny of one cow. The judgment must be reversed upon one of the points argued, but we will express our views upon some other questions raised, as it seems that they will necessarily be before the court again on a new trial.
The defendant was tried upon a plea of not guilty, and also upon the plea of autrefois acquit. The defendant and one Leslie De Witt were charged with stealing a cow, named in this information, and belonging to one Lars Waldeland. They were also charged with stealing a steer belonging to Charles *403Carthrae…
2Cases cited6 opinions
- State v. DonelonSupreme Court of Louisiana · 1893
- McGehee v. StateSupreme Court of Alabama · 1877
- People v. MooreCalifornia Supreme Court · 1872
- Commonwealth v. ThompsonMassachusetts Supreme Judicial Court · 1868
- Territory of Montana v. WillardMontana Supreme Court · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Crowell v. StateArizona Supreme Court · 1913
- State v. MjeldeMontana Supreme Court · 1904
- Zediker v. StateNebraska Supreme Court · 1926
- State v. BeebeWashington Supreme Court · 1912
- State v. AkersMontana Supreme Court · 1938
1 more not listed; retrieve them via the Exa API.