Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 60
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. 1922 edition. Excerpt: ...of the stolen property, proof 1. On possession of recently stolen property as evidence of larceny, see note in 12 L. B. A. (n. s.) 199. of corroborating circumstances tending of themselves-to establish guilt, was not error, the court having charged the jury that mere possession of such property was not suffieient to justify conviction, and that, in addition to personal and exclusive possession involving a distinct and conscious assertion of property rights by defendant. there must be other evidence. Appeal from District Con/rt, Sheridan County; John Hurly, Judge. CHARLES EvANS was convicted of grand larceny, and he appeals. Affirmed. Messrs. Babcoek (f; Ellery, for Appellant, submitted a brief; Mr. Paul Babcock argued the cause orally. In State v. Trosper, 41 Mont. 442, 109 Pac. 858, this court held that where the state is endeavoi-ing to convict largely by showing possession of recently stolen property it must establish (1) that the property was stolen by someone, and (2) that the defendant was recently in possession of it. In Territory v. Doyle, 7 Mont. 245, 14 Pac. 671, State v. Sulliva/n, 9 Mont. 174, 22 Pac. 1088, and State v. Willette, 46 Mont-326, 127 Pac. 1013, the court held that the possession of property by the defendant soon after it had been stolen is not sufficient of itself to justify his conviction, but that there must be other circumstances outside of, and independent of, the possession of the property tending to show that the possession is felonious. (See, also, People v. Horton, 7 Cal. App. 34, 93 Pac. 382.) Under the Montana cases, where the state seeks a conviction primarily by showing possession of recently stolen property, the state must establish (1) that the property is stolen property and (2) that the defendant...
- Paperback | 256 pages
- 189 x 246 x 14mm | 463g
- 13 Sep 2013
- Illustrations, black and white