State v. Maloney

The defendant appeals from a judgment convicting him of grand larceny upon the charge of stealing a horse.

The sole point upon which he relies for a reversal is that the evidence is insufficient to justify the verdict of the jury. Defendant did not move for a new trial; therefore the question is whether, as a matter of law, there is any substantial evidence to sustain the verdict. (State v. Brantingham, 66 Mont. 1, 212 Pac. 499; State v. Welch, 79 Mont. 614, 257 Pac. 1010; State v. Smart, 81 Mont. 145, 262 Pac. 158.)

A large number of horses, including the one alleged to have been stolen, were…