State v. Evans
Montana Supreme Court
Appeal from District Gourt, Sheridan County; John Hurly, Judge. Charles Evans was convicted of grand larceny, and he appeals-. In State v. Trosper, 41 Mont. 442, 109 Pae. 858, this court held that where the state is endeavoring to convict - largely by showing possession of recently stolen property it must establish (1) that the property was stolen by someone, and (2) that the defendant was recently in possession of it.
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Appeal from District Gourt, Sheridan County; John Hurly, Judge. Charles Evans was convicted of grand larceny, and he appeals-. In State v. Trosper, 41 Mont. 442, 109 Pae. 858, this court held that where the state is endeavoring to convict - largely by showing possession of recently stolen property it must establish (1) that the property was stolen by someone, and (2) that the defendant was recently in possession of it. In Territory v. Doyle, 7 Mont. 245, 14 Pac. 671, State v. Sullivan, 9 Mont. 174, 22 Pac. 1088, and State v. Willette, 46 Mont. 326, 127 Pac. 1013, the court held that the…
1Opinion of the Court
MR. CHIEF COMMISSIONER POORMAN
prepared the opinion for the court.
This is an appeal from the judgment entered upon a verdict finding the defendant guilty of the crime of grand larceny and from the order of the court overruling the defend*371ant’s motion for a new trial. The information charges that the defendant, on or about the thirtieth day of September, 1917, committed the crime of grand larceny by the stealing of a certain black steer, then the property of one Sam Falkinburg.
The errors assigned relate to the sufficiency of the evidence to sustain the verdict and to the action of the court in…
2Cases cited8 opinions
- Wilson v. United StatesSupreme Court of the United States · 1896
- State v. CreanMontana Supreme Court · 1911
- State v. WilletteMontana Supreme Court · 1912
- State v. FowlerMontana Supreme Court · 1921
- State v. TrosperMontana Supreme Court · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. SouhradaMontana Supreme Court · 1949
- State v. BrooksMontana Supreme Court · 1967
- State v. DongesMontana Supreme Court · 1952
- State v. BroellMontana Supreme Court · 1930
- State v. GilbertMontana Supreme Court · 1952
7 more not listed; retrieve them via the Exa API.