State v. Wright
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District for Washington County. Hon. Frank J. Smith, Judge. Defendant was convicted of the crime of grand larceny, and appealed from 'the judgment and order overruling a motion for new trial. There being no evidence that the defendant was connected with the branding, there was no evidence of a taking by him. (Black v. State, 38 Tex. Cr.
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APPEAL from the District Court of the Seventh Judicial District for Washington County. Hon. Frank J. Smith, Judge. Defendant was convicted of the crime of grand larceny, and appealed from 'the judgment and order overruling a motion for new trial. There being no evidence that the defendant was connected with the branding, there was no evidence of a taking by him. (Black v. State, 38 Tex. Cr. App. 58, 41 S. W. 606.) In order to warrant a conviction of crime on circumstantial evidence, the circumstances taken together should be of a conclusive nature and tendency, leading on the whole to a…
1Opinion of the CourtStockslager, C. J.
Appellant was charged with the crime of grand larceny in the district court of Washington county, to wit: “That the said John Wright on or about the fifteenth day of May, 1905, in the county of Washington, *215state of Idaho, then and there one bay horse, the same being the personal property of W. M. Pearson, did unlawfully and feloniously steal, take, lead and drive away — contrary to the form, force and effect of the statute in such eases made and provided, and against the power, force and dignity of the state of Idaho.”
To this information defendant plead not guilty; a trial was subsequently…
2Cases cited2 opinions
- State v. SmithIdaho Supreme Court · 1897
- Territory v. NeilsonIdaho Supreme Court · 1890
3Cited by13 opinions
- State v. JurkoIdaho Supreme Court · 1926
- State v. StevensIdaho Supreme Court · 1929
- State v. PuckettIdaho Supreme Court · 1965
- State v. DavisIdaho Supreme Court · 1937
- State v. PeckIdaho Supreme Court · 1908
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