Smith v. State
Wyoming Supreme Court
Error to the District Court, Converse County, Hon. Richard H. Scott, Judge. James Smith and Lewis Smith, two brothers, were jointly informed against for the larceny of live stock. James was acquitted and Lewis was convicted. Together with Thomas Black, they were working on a ranch, Black being under the direction of Lewis Smith, as he testified.
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Error to the District Court, Converse County, Hon. Richard H. Scott, Judge. James Smith and Lewis Smith, two brothers, were jointly informed against for the larceny of live stock. James was acquitted and Lewis was convicted. Together with Thomas Black, they were working on a ranch, Black being under the direction of Lewis Smith, as he testified. Black was the principal witness for the State, and testified that the animal in question was killed by the Smith brothers, that James shot at the animal first and wounded it, and that Lewis shot at and killed it. The witness assisted Lewis Smith, as…
1Opinion of the Court
Corn, Justice.
The defendant, Lewis Smith, was convicted of the larceny of a steer. The case for the prosecution depended upon the testimony of an accomplice, Thomas Black, and it is claimed there was error in the charge of the court touching the duty of the jury in considering his testimony.
The court, at the request of the State, gave to the jury four instructions upon the subj ect, as follows:
“1. It is claimed on the part of the defense that Thomas Black, one of the State’s witnesses, is an accomplice in the crime; therefore, the court will instruct you upon the subject of an accomplice. An…
2Cases cited2 opinions
- Barrara v. StateTexas Supreme Court · 1874
- McNeally v. StateWyoming Supreme Court · 1894
3Cited by7 opinions
- Wheeler v. StateWyoming Supreme Court · 1984
- State v. CallawayWyoming Supreme Court · 1954
- Clay v. StateWyoming Supreme Court · 1906
- Jaramillo v. StateWyoming Supreme Court · 1974
- State v. BaishWyoming Supreme Court · 1924
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