Benson v. State

ROBERT A. HILL, District Judge.

This is an appeal from a judgment and sentence in the District Court of Sheridan upon a conviction of grand larceny for the theft of a mobile home air cooler.1 The defendant raises error on two points in this appeal.

1. Refusal to give defendant’s Instructions A through D was error,2 asserted as a violation of due process; with particular reference to Instruction C which finds support in the evidence on question of intent.

2. The inadmissibility of a telephone conversation between the defendant and the owner of the mobile home air cooler for lack of a proper…