State v. Brown
Montana Supreme Court
Appeal from District Court, Yellowstone County; Sydney Fox, Judge. C. M. Brown was convicted of grand larceny; and, from the judgment and from an order denying a new trial, he appeals. The indictment in this case is defective because the bailment is not set out.
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Appeal from District Court, Yellowstone County; Sydney Fox, Judge. C. M. Brown was convicted of grand larceny; and, from the judgment and from an order denying a new trial, he appeals. The indictment in this case is defective because the bailment is not set out. (Carter v. State, 53 G-a. 326; People v. Poggi, 19 Cal. 601; People v. Peterson, 9 Cal. 315; People v. Cohen, 8 Cal. 44; Wilbur v. Territory, 3 Wyo. 268, 21 Pac. 698.) It is no crime- in the state of Montana for one partner to appropriate the money or property of the partnership to his own use and benefit. All the complaining witness…
1Opinion of the CourtChief Justice Brantly
The defendant, charged by indictment with the crime of grand larceny, was convicted and sentenced to a term of imprisonment in the state penitentiary. • He has appealed from the judgment and an order denying him a new trial. He has also attempted to appeal from an order overruling his motion in arrest of judgment. He contends that the facts stated in the indictment do not constitute a public offense, and that the court erred to his prejudice in its rulings in admitting and excluding evidence and in denying his motion for a new trial upon this ground, and also upon the ground that the verdict…
2Cases cited12 opinions
- State v. KellerIdaho Supreme Court · 1902
- State v. BeesskoveMontana Supreme Court · 1906
- Strohm v. PeopleIllinois Supreme Court · 1896
- People v. TomlinsonCalifornia Supreme Court · 1885
- State v. StickneyMontana Supreme Court · 1904
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3Cited by18 opinions
- State v. RitzMontana Supreme Court · 1922
- State v. VettereMontana Supreme Court · 1926
- State v. FootMontana Supreme Court · 1935
- State v. VanMontana Supreme Court · 1911
- State v. LakeMontana Supreme Court · 1935
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