State v. Byers
Montana Supreme Court
Appeal from Third Judicial District, Deer Lodge Country. Conviction for grand larceny. The defendant was tried before Brantley, J. It was error to admit testimony as to acts and declarations of Fred Byers or Jones or either of them, not done or made in the presence of appellant for the reason that at the time of the introduction of the testimony no prima facie case of conspiracy had been made out by the state.
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Appeal from Third Judicial District, Deer Lodge Country. Conviction for grand larceny. The defendant was tried before Brantley, J. It was error to admit testimony as to acts and declarations of Fred Byers or Jones or either of them, not done or made in the presence of appellant for the reason that at the time of the introduction of the testimony no prima facie case of conspiracy had been made out by the state. Such acts and declarations cannot be used to show the conspiracy without other independent evidence. {Pa/rker v. People, 11 West Rep. 182; Fordy. State, 11 West Rep. 855.) It is…
1Opinion of the CourtPemberton, C. J.
The above-named defendant was convicted of the crime of grand larceny, in Deer Lodge county, under an information charging him and Ered Byers and John E. Jones jointly with the commission of that crime. The said parties were tried separately. From the j udgment against him the defendant appeals.
Counsel for the appellant contend that the trial court erred in permitting witnesses to give evidence on the trial of the appellant as to the acts and statements of his codefendants, Fred Byers and Jones, after the consummation of the larceny, as they claim, and not in the presence of the appellant. It…
2Cases cited2 opinions
- Mattox v. United StatesSupreme Court of the United States · 1895
- State v. LeeMontana Supreme Court · 1893
3Cited by15 opinions
- Warren v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Robertson v. StateCourt of Criminal Appeals of Texas · 1911
- State v. WaltonOregon Supreme Court · 1909
- State v. AllenMontana Supreme Court · 1906
- State v. MyersIdaho Supreme Court · 1922
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