State v. Green
Montana Supreme Court
Appeal from Fifth Judicial District, Beaverhead County. Conviction for burglary. The defendant was tried before Showers, J. Appellant’s attorney moved the court to instruct the jury to return a verdict of not guilty, basing this motion on the ground that the information charged the property burglarized to be the property of certain persons named, receivers of the Union Pacific Railway Company.
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Appeal from Fifth Judicial District, Beaverhead County. Conviction for burglary. The defendant was tried before Showers, J. Appellant’s attorney moved the court to instruct the jury to return a verdict of not guilty, basing this motion on the ground that the information charged the property burglarized to be the property of certain persons named, receivers of the Union Pacific Railway Company. It was contended that, as the ownership absolute was laid in these parties, it should be so proven; and a qualified ownership or possession as proven was not sufficient. The fact that the persons named…
1Opinion of the CourtHunt, J.
— The defendant was charged with the crime of burglary. The charging part of the information was as follows: “. . . . willfully, unlawfully, feloniously, and burglariously, a certain box-car of S. H. H. Clark, Oliver W. Mink, E. Ellery Anderson, J. W. Doane, and P. R. Coudert, receivers of the Union Pacific Railway Company there situate, did enter, with the intent then and there the goods, chattels, and valuable property of the said receivers of the said Union Pacific Railway Company, in the said box-car then and there being found, willfully, unlawfully, feloniously, and burglariously to…
2Cases cited3 opinions
- Territory of Montana v. WillardMontana Supreme Court · 1889
- State v. CarrollMontana Supreme Court · 1893
- Territory v. FoxMontana Supreme Court · 1880
3Cited by7 opinions
- State v. EbelMontana Supreme Court · 1932
- People v. BrittainCalifornia Supreme Court · 1904
- State v. CopenhaverMontana Supreme Court · 1907
- State v. MoxleyMontana Supreme Court · 1910
- State v. KinghornMontana Supreme Court · 1939
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