State v. McCarthy
Montana Supreme Court
Appeal from District Court, Silver Bow County; Geo. M. B our quin, Judge. "W. H. McCarthy was convicted of grand larceny, and appeals from the judgment of conviction and from an order denying Mm a new trial. The main fact in controversy in tMs case was, Did the appellant steal the money charged in the information? And any other facts tending to connect other offenses were irrelevant and incompetent testimony. {Berney v. State, 69 Ala. 233 Whilden v. State, 25 Ga. 396, 71 Am.
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Appeal from District Court, Silver Bow County; Geo. M. B our quin, Judge. "W. H. McCarthy was convicted of grand larceny, and appeals from the judgment of conviction and from an order denying Mm a new trial. The main fact in controversy in tMs case was, Did the appellant steal the money charged in the information? And any other facts tending to connect other offenses were irrelevant and incompetent testimony. {Berney v. State, 69 Ala. 233 Whilden v. State, 25 Ga. 396, 71 Am. Dec. 181; People v. Corbin,. 56 N. Y. 363, 15 Am. Rep. 427.) As to the statements of an accomplice after the commission…
1Opinion of the CourtJustice Smith
The defendant in the above-entitled action was convicted in the district court of Silver Bow county of the crime of grand larceny, and appeals from the judgment and also from an order denying him a new trial.
Numerous errors were relied upon by his counsel for a reversal of the judgment and order, among others, that the court erred in overruling the motion for a new trial, for the reason that the evidence is insufficient to justify the verdict. If this motion should have been granted, it will be unnecessary for this court to examine many of the other questions raised by appellant.
In the case…
2Cases cited5 opinions
- State v. BiggerstaffMontana Supreme Court · 1896
- State v. NewmanMontana Supreme Court · 1906
- Olsen v. Montana Ore Purchasing Co.Montana Supreme Court · 1907
- State v. FosterMontana Supreme Court · 1901
- Howie v. California Brewery Co.Montana Supreme Court · 1907
3Cited by34 opinions
- State v. MersealMontana Supreme Court · 1975
- State v. RiggsMontana Supreme Court · 1921
- State v. PorterMontana Supreme Court · 1952
- State v. SharbonoMontana Supreme Court · 1977
- State v. SuitorMontana Supreme Court · 1911
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