State v. Moxley
Montana Supreme Court
Appeal from District Court, Silver Bow County; Michael Donlan, Judge. Edward Moxley was convicted of the crime of receiving stolen property. He appeals from the judgment of conviction. The general rule of law is that all descriptive matters in the information, although unnecessarily particular, must be proved as laid. (22 Cyc. 48; State v. McDonald, 10 Mont. 22, 24 Am. St. Rep. 25, 24 Pac. 628; McAllister v. State, 55 Tex.
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Appeal from District Court, Silver Bow County; Michael Donlan, Judge. Edward Moxley was convicted of the crime of receiving stolen property. He appeals from the judgment of conviction. The general rule of law is that all descriptive matters in the information, although unnecessarily particular, must be proved as laid. (22 Cyc. 48; State v. McDonald, 10 Mont. 22, 24 Am. St. Rep. 25, 24 Pac. 628; McAllister v. State, 55 Tex. Cr. 264, 116 S. W. 582.) The ownership of the property must be proved as laid in the indictment. (Commonwealth v. Billings, 167 Mass. 283, 45 N. E. 910; Bryan v. State, 54…
1Opinion of the CourtChief Justice Beantlt
The defendant, charged by information with the crime of receiving for his own gain stolen property, knowing the same to .have been stolen, was found guilty and sentenced for a term of six months in the county jail. He has appealed from the judgment.
The charging part of the information is the following: “That at the county of Silver Bow, state of Montana, on or about the second day of July, A. D. 1909, and before the filing of this information, the said defendant, Edward Moxley, did willfully, and unlawfully, and feloniously, and for his own gain, and to *405prevent the owners from again…
2Cases cited19 opinions
- People v. PitcherMichigan Supreme Court · 1867
- Commonwealth v. FinnMassachusetts Supreme Judicial Court · 1871
- State v. LeeMontana Supreme Court · 1905
- People v. Leong QuongCalifornia Supreme Court · 1882
- State v. GordonSupreme Court of Minnesota · 1908
14 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Witters v. United StatesCourt of Appeals for the D.C. Circuit · 1939
- State v. PetersMontana Supreme Court · 1965
- State v. HuffmanMontana Supreme Court · 1931
- Wheatland Irrigation District v. McGuireWyoming Supreme Court · 1975
- State v. AkersMontana Supreme Court · 1938
14 more not listed; retrieve them via the Exa API.