(Download) "American Surety Co. of N.Y. v. Clarke" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: American Surety Co. of N.Y. v. Clarke
- Author : Supreme Court of Montana
- Release Date : January 24, 1933
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
1. Criminal Law — Hide inadmissible in evidence. In prosecution for grand larceny of a steer, evidence was insufficient to connect defendant with a steer hide found by a sheriff in a well some three miles from defendants home on a neighbors property, so that the hide was inadmissible in evidence. 2. Larceny — Description and ownership of stolen things must be shown. A charge of larceny must identify offense by description of things stolen and their ownership. 3. Larceny — Evidence insufficient to prove ownership as alleged. Evidence was insufficient to prove ownership of the steer as alleged in information. 4. Larceny — Evidence insufficient to establish corpus delicti. In prosecution for grand larceny of a steer, evidence connecting defendant with a steer hide, found by a sheriff in a well some three miles from defendants home on a neighbors land, and asportation of a live steer by defendant in county of venue, was insufficient to establish the corpus delicti as amounting to no more than suspicion and conjecture. 5. Larceny — Effect of charging larceny of steer and convicting on larceny of beef. The statute declaring the stealing of named animals, including steers, to be grand larceny, refers to live animals of whatever value, so that one charged in information with grand larceny of a steer cannot be convicted of larceny of the beef thereof, regardless of its value. 6. Criminal Law — Evidence insufficient to show place of crime. In prosecution for grand larceny of a steer, evidence was insufficient to show that the crime was committed in county of venue. 7. Criminal Law — Extent to range of cattle common knowledge. It is matter of common knowledge that cattle range widely, paying no attention to county or state lines. 8. Criminal Law — Proof of venue. The venue of prosecution must be proved beyond reasonable doubt like any other fact. Page 233 9. Criminal Law — Conviction cannot be on conjecture. One may not be convicted of crime on conjecture, however shrewd, suspicion, however justified, or probability, however strong, but only on evidence establishing his guilt beyond reasonable doubt. 10. Criminal Law — Proof to sustain conviction. A conviction of crime charged can stand only on proof of material facts logically compelling conviction that charge is true.