State v. Cunningham
Montana Supreme Court
Appeal from District Court, Park County; Frank Henry, Judge. Earl Cunningham was convicted of grand larceny, and, from an order granting Mm a"new trial, the state appeals.
Read the full summary
Appeal from District Court, Park County; Frank Henry, Judge. Earl Cunningham was convicted of grand larceny, and, from an order granting Mm a"new trial, the state appeals. It is contended that Chapter XIX, Laws of 1903, page 30, known as the “estray” law, is unconstitutional, for the reason that the Act is not supported by the title; that is, that the term “public domain” is used in the title, and the word “range” is used in the body of the law, and that these words are not synonymous in meaning. The word “range” is very comprehensive in its meaning and the definitions of the word as given by…
1Opinion of the CourtJustice Smith
This is an appeal by the state from an order of the district court of Park county granting the defendant a new trial.
The charging part of' the information is as follows: ‘ ‘ That Earl Cunningham on or about the twenty-eighthday of October, 1906, committed the crime of grand larceny, in that the said Earl Cunningham did then and there unlawfully, willfully, feloniously, and with the intent then and there to steal the same, dispose of one certain mare branded [describing brand] on the right shoulder; said mare not then and there being the property of said defendant, but being then and there an…
2Cases cited4 opinions
- Western Ranches, Ltd. v. County of CusterMontana Supreme Court · 1903
- Northwestern Manufacturing Co. v. ChambersMichigan Supreme Court · 1885
- State v. BrownMontana Supreme Court · 1903
- Holcomb v. KeliherSouth Dakota Supreme Court · 1894
3Cited by8 opinions
- Bennetts v. Silver Bow Amusement Co.Montana Supreme Court · 1922
- Hale v. Belgrade Co., Ltd.Montana Supreme Court · 1925
- State Ex Rel. Berthot v. Gallatin County High School DistrictMontana Supreme Court · 1936
- Russell v. Chicago, Burlington & Quincy Ry. Co.Montana Supreme Court · 1908
- De Shazo v. EubankCourt of Appeals of Texas · 1916
3 more not listed; retrieve them via the Exa API.