Legal Opinion

State v. Sparks

Montana Supreme Court

Decided November 29, 1909No. 2,767PublishedCited by 15 opinions

Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. Edgar Sparks was convicted of burglary, and he appeals from the judgment.

Read the full summary

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

  1. People v. LangCalifornia Supreme Court · 1904
  2. State v. BartlettSupreme Judicial Court of Maine · 1867
  3. Favro v. StateCourt of Criminal Appeals of Texas · 1898
  4. Territory v. DoyleMontana Supreme Court · 1887
  5. State v. SullivanMontana Supreme Court · 1890

8 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. State v. GreenoMontana Supreme Court · 1959
  2. State v. EbelMontana Supreme Court · 1932
  3. State v. YossMontana Supreme Court · 1965
  4. State v. GrayMontana Supreme Court · 1968
  5. State v. MoxleyMontana Supreme Court · 1910

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API