Legal Opinion

Dalzell v. State

Wyoming Supreme Court

Decided June 1, 1898PublishedCited by 8 opinions

ERROR to the District Court for Johnson County. Hon. Joseph L. Stotts, Judge. H. J. Dalzell, was informed against in the district court for Johnson County, for the larceny, of one head of neat cattle, of the value of five dollars and upwards, was convicted and sentenced to two years’ imprisonment in the penitentiary. He prosecuted error. The facts are stated in the opinion. It is elementary that in all criminal cases proof of the corpus delicti must be made.

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ERROR to the District Court for Johnson County. Hon. Joseph L. Stotts, Judge. H. J. Dalzell, was informed against in the district court for Johnson County, for the larceny, of one head of neat cattle, of the value of five dollars and upwards, was convicted and sentenced to two years’ imprisonment in the penitentiary. He prosecuted error. The facts are stated in the opinion. It is elementary that in all criminal cases proof of the corpus delicti must be made. There is no proof that the prosecuting witness ever lost an animal by theft, either by plaintiff in error or by any other person. (1…

1Opinion of the Court

Coen, Justice.

The plaintiff in error was found guilty by a jury upon an information charging him with the larceny of one head of neat cattle, the property of Huida E. Williams, and sentenced to the penitentiary for the term of two years.

The plaintiff in error contends that it does not appear from the evidence that any crime has been committed, either by defendant (plaintiff in error) or any other person; that proof of the corpus delicti is wholly lacking; that there is no proof that the prosecuting witness ever lost an animal by the theft of the defendant or any other person, and that there…

2Cited by8 opinions

  1. Richey v. StateWyoming Supreme Court · 1921
  2. Thompson v. StateWyoming Supreme Court · 1929
  3. Curran v. StateWyoming Supreme Court · 1904
  4. McFetridge v. StateWyoming Supreme Court · 1924
  5. State v. BemisWyoming Supreme Court · 1926

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