State v. Cole

Defendant, Benjamin Eugene Cole, a/k/a/ “Geno” Cole, appeals from a conviction of receiving stolen property from the Fourth Judicial District, Missoula County, Missoula, Montana. From this conviction, Cole appeals.

We reverse and remand with instructions.

The only issue raised by defendant on appeal which needs to be discussed is: Whether there is sufficient evidence to conclude beyond a reasonable doubt that the defendant was guilty of receiving stolen property as charged under Section 45-6-301(3), MCA, and if lacking such evidence, can defendant be retried under the general theft statute,…