State v. Gunn

MR. JUSTICE GALEN and MR. JUSTICE ANGSTMAN,

Dissenting: Conceding, as we do, that under the-statute (sec. 12127, Rev. Codes 1921) this court may, in a proper case, modify the judgment or reduce the penalty imposed to fit the primp, established by the evidence (State v. Sorrentino, 31 Wyo. 129, 34 A. L. R. 1477, 224 Pac. 420; see extensive note to State v. Glander, 29 A. L. R. 313 et seq.), yet we cannot agree with the result reached on this appeal in the majority opinion, by reason of the evidence now before us presenting similar facts, and of our decision on the former appeal (85 Mont. 553,…