State v. Sparks
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. Edgar Sparks was convicted of burglary, and he appeals from the judgment.
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Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. Edgar Sparks was convicted of burglary, and he appeals from the judgment. The mere unexplained possession of property claimed to have been stolen through a burglarious entry into a dwelling-house is not in itself sufficient to warrant a conviction of the crime of burglary. ^Territory v. Doyle, 7 Mont. 250, 14 Pac. 671; State v. Sullivan, 9 Mont. 174, 22 Pac. 1088; State v. Whorton, 25 Mont. 11, 63 Pac. 627; State v. Allen, 34 Mont. 404, 411, 87 Pac. 177; People v. Becvoer, 49 Cal. 57; People v. Hart, 10 Utah, 204, 37…
1Opinion of the CourtChief Justice Brantly
The defendant was charged with burglary, committed by entering a suite of rooms occupied as a residence by Charles D. Curtis and Mae L. Curtis, at No. 117% Broadway, in the city of Helena, with the intent to commit grand larceny therein. Upon a trial he was found guilty of burglary in the second degree and sentenced to serve a term in the state prison. This appeal is from the judgment.
*85The integrity of the judgment is assailed upon the ground that the verdict is contrary to the evidence. From the record we gather the following facts: Charles D. Curtis and Mae L. Curtis, father and daughter,…
2Cases cited13 opinions
- People v. LangCalifornia Supreme Court · 1904
- State v. BartlettSupreme Judicial Court of Maine · 1867
- Favro v. StateCourt of Criminal Appeals of Texas · 1898
- Territory v. DoyleMontana Supreme Court · 1887
- State v. SullivanMontana Supreme Court · 1890
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State v. GreenoMontana Supreme Court · 1959
- State v. EbelMontana Supreme Court · 1932
- State v. YossMontana Supreme Court · 1965
- State v. GrayMontana Supreme Court · 1968
- State v. MoxleyMontana Supreme Court · 1910
10 more not listed; retrieve them via the Exa API.