State v. Smith
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Adams County. Hon. Ed. L. Bryan, Judge. Appellant was convicted of the crime of grand larceny, and appealed from the judgment and order overruling a motion for a new trial. The identity of the cattle in the case at bar must be established. (Newton v. State (Tex. Cr.), 48 S. W. 507; mitigas v. State, 55 Neb. 586, 75 N. W. 1110; Shelby v. State (Tex.
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APPEAL from the District Court of the Seventh Judicial District, for Adams County. Hon. Ed. L. Bryan, Judge. Appellant was convicted of the crime of grand larceny, and appealed from the judgment and order overruling a motion for a new trial. The identity of the cattle in the case at bar must be established. (Newton v. State (Tex. Cr.), 48 S. W. 507; mitigas v. State, 55 Neb. 586, 75 N. W. 1110; Shelby v. State (Tex. Cr.), 42 S. W. 306.) Where evidence establishes similarity merely and there is no other evidence of identification, conviction cannot be supported. (Bishop v. People, 194 111.…
1Opinion of the CourtBudge, C. J.
The appellant and one Logan were charged jointly, on information by the prosecuting attorney of Adams county, with the crime of grand larceny. The charging part of the information is as follows:
“That on or about the 15th day of May, 1914, and at Adams County, State of Idaho, the said defendants, Clyde Smith and Lloyd Logan, being then and there, did, there and then, wilfully, unlawfully and feloniously steal, take, carry, lead and drive away from the possession of one Ben Woodden ten head of fat beef cattle branded with a “W” on the right hip, the same then and there being the personal…
2Cases cited15 opinions
- State v. BondIdaho Supreme Court · 1906
- People v. MelvaneCalifornia Supreme Court · 1870
- People v. MortierCalifornia Supreme Court · 1881
- State v. KnudtsonIdaho Supreme Court · 1905
- People v. MonaghanCalifornia Supreme Court · 1894
10 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. OldhamIdaho Supreme Court · 1968
- State v. GonzalesIdaho Supreme Court · 1968
- State v. GillumIdaho Supreme Court · 1924
- State v. ProudIdaho Supreme Court · 1953
- State v. DavisIdaho Supreme Court · 1937
8 more not listed; retrieve them via the Exa API.