Legal Opinion

State v. McLeod

Montana Supreme Court

Decided April 20, 1907No. 2,403PublishedCited by 4 opinions

Appeal from District Court, Gallatin County; W. B. C. Stewart, Judge. Grant McLeod, convicted of grand larceny, appeals from the judgment condemning him to a term of imprisonment in the state prison.

1Opinion of the CourtChief Justice Brantly

The defendant was convicted of grand larceny and has appealed from the judgment condemning him to a term of imprisonment in the state prison. He complains of errors in the ■instructions.

*373Paragraphs 2, 11 and 14 of the charge submitted to the jury are substantially identical with paragraphs 2, 4 and 12 of the charge given in the case of State v. Sloan (just decided), ante, p. 367, 89 Pac. 829. That case is conclusive of this. For the reasons stated therein, and upon the authority of State v. Allen, 34 Mont. 403, 87 Pac. 177, the judgment must be reversed.

Paragraph 8 of the charge is as follows:…

2Cases cited2 opinions

  1. State v. AllenMontana Supreme Court · 1906
  2. State v. SloanMontana Supreme Court · 1907

3Cited by4 opinions

  1. Riley v. Northern Pacific Ry. Co.Montana Supreme Court · 1908
  2. State v. HallMontana Supreme Court · 1912
  3. State v. VanMontana Supreme Court · 1911
  4. State v. PetersonMontana Supreme Court · 1907

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