Legal Opinion

State v. Francis

Montana Supreme Court

Decided December 13, 1920No. 4,474PublishedCited by 19 opinions

Appeal from District Court, Hill County; W. B. Rhoades, Judge. George Francis was convicted of grand larceny and appeals from tbe judgment. This is a case where the state relied absolutely upon circumstantial evidence. Tbe eye of no witness saw tbe taking nor did human lip testify to any actual taking.

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Appeal from District Court, Hill County; W. B. Rhoades, Judge. George Francis was convicted of grand larceny and appeals from tbe judgment. This is a case where the state relied absolutely upon circumstantial evidence. Tbe eye of no witness saw tbe taking nor did human lip testify to any actual taking. Nor were tbe facts and circumstances testified to in such juxtaposition to tbe main fact, in this case, to tbe fact of tbe taking, so as to take the case outside 'Of tbe rule of circumstantial evidence. {Alderman v. State (Tex. Cr.), 23 S. W. 685; Guerrero v. State, 46 Tex. Cr. 445, 80 S. W.…

1Opinion of the CourtJustice Matthews

On February 28, 1918, George Francis was found guilty of the crime of grand larceny. The trial court thereupon set March 4, at the hour of 9:30 A. M., as the time for pronouncement of judgment on the verdict, permitting the defendant to remain at large under his bail of $2,000 theretofore given. On March 1, 1918, through his attorneys, defendant served and filed notice of motion for a new trial. At the time appointed the court convened and continued the matter of pronouncement of judgment until March 6, 1918, and allowed the defendant thirty days’ additional time “for filing bill of…

2Cases cited14 opinions

  1. People of the State of N.Y. v. . GenetNew York Court of Appeals · 1874
  2. State v. GleimMontana Supreme Court · 1895
  3. Commonwealth v. AndrewsMassachusetts Supreme Judicial Court · 1867
  4. State v. O'BrienMontana Supreme Court · 1896
  5. State v. FelkerMontana Supreme Court · 1903

9 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. State v. RitzMontana Supreme Court · 1922
  2. State v. PorterMontana Supreme Court · 1952
  3. State v. ArmstrongMontana Supreme Court · 1976
  4. State v. BrantinghamMontana Supreme Court · 1923
  5. State v. RichardsonMontana Supreme Court · 1922

14 more not listed; retrieve them via the Exa API.

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