State v. Sullivan
Montana Supreme Court
Appeal from Second Judicial District, Silver Bow County. The defendant was tried before De Wolee, J. There was no evidence tending to connect the defendant with the robbery, except the evidence showing him to have had possession of the property, alleged to have been stolen, some time after the robbery had taken place.
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Appeal from Second Judicial District, Silver Bow County. The defendant was tried before De Wolee, J. There was no evidence tending to connect the defendant with the robbery, except the evidence showing him to have had possession of the property, alleged to have been stolen, some time after the robbery had taken place. Possession of stolen property is not, in itself, sufficient to warrant a conviction of even larceny. {People v. Ah Ki, 20 Cal. 178.) Defendant is not bound to show that he came by the property honestly, until prosecution has proven dishonesty, {People v. Antonis, 27 Cal. 404.)…
1Opinion of the CourtBlake, C. J.
The appellant has been convicted and sentenced for the crime of robbery; and the indictment alleges that he took from the person of Edwin Thomas a silver watch, gold chain, door key, and certain money. The descriptions and denominations of the latter are unknown, but the value is fixed at ten dollars. Upon the trial, the following facts were established by the testimony of the witnesses for the Territory, and are conceded by the appellant in his argument: Thomas left his place of business in Butte about two o’clock in the morning of the tenth day of April, 1889, and was walking towards his…
2Cases cited5 opinions
- Territory v. DoyleMontana Supreme Court · 1887
- People v. ClineCalifornia Supreme Court · 1888
- People v. Ah SingCalifornia Supreme Court · 1881
- People v. MitchellCalifornia Supreme Court · 1880
- People v. TitheringtonCalifornia Supreme Court · 1881
3Cited by19 opinions
- State v. GreenoMontana Supreme Court · 1959
- State v. HowardMontana Supreme Court · 1904
- Murray v. HeinzeMontana Supreme Court · 1895
- State v. YossMontana Supreme Court · 1965
- State v. KeerlMontana Supreme Court · 1904
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