Territory of Montana v. Laun
Montana Supreme Court
Appeal from the Second Judicial District, Silver Bow County. The facts appear in the opinion. The theory of the defense is, that the complaining witness and the defendant being partners in the stolen property, no larceny could have been committed. The evidence shows that although they may have been partners as to third persons, they were not such as between themselves, and the only question before the court upon the motion, was whether there was a partnership inter se.
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Appeal from the Second Judicial District, Silver Bow County. The facts appear in the opinion. The theory of the defense is, that the complaining witness and the defendant being partners in the stolen property, no larceny could have been committed. The evidence shows that although they may have been partners as to third persons, they were not such as between themselves, and the only question before the court upon the motion, was whether there was a partnership inter se. Although a business be carried on in the name of one of two parties alone, and neither supposes that they are partners, and…
1Opinion of the CourtLiddell, J.
The defendant was prosecuted for the crime of larceny, and after the evidence for the prosecution closed, through counsel, he moved the court to instruct the jury to acquit, for the reason that the evidence disclosed the fact that the property charged to have been stolen belonged to a partnership existing between the defendant and the prosecuting witness, which had not been dissolved. Other grounds were embodied in the motion, but the judge in sustaining it said, to use his language, he granted the motion “on the question of partnership.” To the correctness of this order the prosecutor for…
2Cited by10 opinions
- State v. LabbittMontana Supreme Court · 1945
- State v. NorthrupMontana Supreme Court · 1893
- State v. MurphyIdaho Supreme Court · 1916
- State v. CoolMontana Supreme Court · 1977
- State v. GomezMontana Supreme Court · 1920
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