Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 34

Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 34

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: ...20 Mont. 488, 52 Pac. 264, held an instruction erroneous which failed to tell the jury that a criminal intent was necessary to constitute the crime of grand larceny. It was also held in the same case, however, that it was not necessary to use the word "feloniously" in describing the crime, but that it was enough if the criminal intent expressed in that technical word is included in appropriate terms. The same general principle applies to pleading. While the important distinctions between larceny and embezzlement have been destroyed by our statute making both larceny at common law and embezzlement larceny, the general principle of pleading has not been changed. (State v. Dickinson, 21 Mont. 595, 55 Pac. 539.) If the information charges in appropriate terms the felonious or criminal intent, it is not necessary to use the technical word "feloniously." In this case, however, we see that this technical term was used as applied to the taking, and hence the felonious intent is sufliciently alleged. 2. It is earnestly contended that the defendant was convicted upon the uncorroborated testimony of an accomplice, and, therefore, that under section 2089 of the Penal Code, the judgment cannot stand. It is true that the only direct evidence against the defendant was given by one Maxwell, who testified that the defendant, one Sloan, and himself entered into an agreement under the terms of which Maxwell and Sloan were to steal horses from the range in Gallatin county, and turn them over to defendant, who undertook to dispose of them for the mutual benefit of all. Since the judgment and order must be reversed on other grounds, we shall refrain from discussing the evidence further than to say that we think the independent...show more

Product details

  • Paperback | 288 pages
  • 189 x 246 x 15mm | 517g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236953177
  • 9781236953179