Legal Opinion

State v. Van

Montana Supreme Court

Decided December 28, 1911No. 3,040PublishedCited by 14 opinions

Appeal from District Court, Dawson County; Sydney Sanner, Judge. Oliver Van, charged with grand larceny, was convicted and appeals from the judgment and from an order denying him a new trial. It was error for the court to give the statutory definition of larceny without instructing the jury in addition thereto that the intent of the defendant at the time of the alleged taking must have been proved beyond a reasonable doubt to have been felonious.

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Appeal from District Court, Dawson County; Sydney Sanner, Judge. Oliver Van, charged with grand larceny, was convicted and appeals from the judgment and from an order denying him a new trial. It was error for the court to give the statutory definition of larceny without instructing the jury in addition thereto that the intent of the defendant at the time of the alleged taking must have been proved beyond a reasonable doubt to have been felonious. (State v. Peterson, 36 Mont. 109, 92 Pac. 302; State v. McLeod, 35 Mont. 372, 89 Pac. 831; State v. Sloan, 35 Mont. 367, 89 Pae. 829; State v.…

1Opinion of the CourtJustice Holloway

The defendant was convicted of grand larceny and appeals from the judgment and from an order denying him a new trial. *382Appellant’s counsel make sixty-seven assignments of error and in argument group them under thirty-two separate heads. To consider the questions, thus raised, separately and at any length would extend this opinion unnecessarily and would not accomplish any useful purpose. Many of the assignments must necessarily be disposed of somewhat summarily.

1. Objection was made to the introduction in evidence of certain pelts (Exhibits “B,” “C,” “D” and “E”). We think the identification…

2Cases cited20 opinions

  1. People v. . DumarNew York Court of Appeals · 1887
  2. Armstrong v. . PeopleNew York Court of Appeals · 1877
  3. Roberts v. PeopleSupreme Court of Colorado · 1888
  4. Frederick v. HaleMontana Supreme Court · 1910
  5. State v. ByrdMontana Supreme Court · 1910

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

3Cited by14 opinions

  1. State v. LuceroMontana Supreme Court · 1968
  2. State v. PippiMontana Supreme Court · 1921
  3. State v. BiggsMontana Supreme Court · 1912
  4. State v. ColbertMontana Supreme Court · 1920
  5. State v. GrimsleyMontana Supreme Court · 1934

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

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