State v. Mullins

Appeal from District Court, Beaverhead County; Jos. C. - Smith, Judge. Benjamin Mullins was convicted of grand larceny, and from the judgment and an order denying his motion for new trial, he appeals. The evidence,tended to show wrongful conduct of defendant after the theft, rather than participation in the theft. This presented a new phase which required a proper instruction, so that the jury might not, in their confusion, convict the defendant of a theft of which they might not think him guilty, even though they believed him guilty of jai offense subsequent to the taking. (State v. Gilmer,…