State v. Wallin
Montana Supreme Court
Appeals from District Court, Rosebud County; George P. Jones, Judge. W. J. Wallin was convicted of grand larceny and appeals from the judgment and order denying a new trial. -Taking the property of another, with intent to pledge the same, amounts to taking animo furand/i, if there be no reasonable likelihood of ability to redeem, or if the intention to redeem be only a vague and indefinite one.
Read the full summary
Appeals from District Court, Rosebud County; George P. Jones, Judge. W. J. Wallin was convicted of grand larceny and appeals from the judgment and order denying a new trial. -Taking the property of another, with intent to pledge the same, amounts to taking animo furand/i, if there be no reasonable likelihood of ability to redeem, or if the intention to redeem be only a vague and indefinite one. But one who pledges borrowed property, with the intention of redeeming and restoring it to the owner, and having a fair and reasonable expectation of so doing, is not guilty of larceny. (25 Cyc. 47,…
1Opinion of the CourtJustice Holloway
The defendant was convicted.of grand larceny, and appealed from the judgment and from an order denying him a new trial.
Paraphrased, the information charges that on December 20, 1918, the defendant, while acting as cashier of the Rosebud State Bank, and having in his possession as bailee a United States Liberty Bond, No. 673169, of the value of $500, and the property of Hugh Lynch, did feloniously appropriate the said bond to his own use, with intent to deprive the true owner of his property.
*335Counsel for defendant make twenty-four assignments of error predicated upon the rulings upon the…
2Cases cited5 opinions
- Moore v. United StatesSupreme Court of the United States · 1895
- People v. BrownCalifornia Supreme Court · 1894
- Valley Mercantile Co. v. St. Paul Fire & Marine Ins.Montana Supreme Court · 1914
- State v. WinstandleyIndiana Supreme Court · 1900
- Adlam v. McKnightMontana Supreme Court · 1905
3Cited by11 opinions
- Putinski v. StateCourt of Appeals of Maryland · 1960
- State v. LabbittMontana Supreme Court · 1945
- State v. LundMontana Supreme Court · 1932
- State v. FitzpatrickMontana Supreme Court · 1952
- State v. MillsMontana Supreme Court · 2018
6 more not listed; retrieve them via the Exa API.