State v. Gellatly

CALLISTER, Justice.

Defendant appeals from his conviction upon a jury verdict of the crime of grand larceny and from the denial of his motion for a new trial on the ground of newly discovered evidence.

On or about June 8, 1967, a saddle, bridle, rope and martingale were stolen from Amos Bingham of Morgan County, Utah. Mrs. LeAnn Hill testified that on the evening of the same date she consumed a considerable amount Of whiskey at the house of appellant’s brother and passed out. The next morning she awakened and found a saddle with the name “Pete” upon it on her bedroom floor and appellant…