[Download] "State v. Mccracken" by Supreme Court of Montana ~ Book PDF Kindle ePub Free
eBook details
- Title: State v. Mccracken
- Author : Supreme Court of Montana
- Release Date : January 18, 1933
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Criminal Law ? Larceny of Livestock ? Evidence ? Admissibility ? Under Res Gestae Rule ? Instructions ? Erroneous Refusal of Instruction Covering Element of Defense. Grand Larceny ? Livestock ? Res Gestae ? Evidence ? Admissibility. 1. In a prosecution for the larceny of a horse owned by one B., testimony that on a certain day a large number of horses, among them a number owned by one O., including the one in question, were being driven by employees of defendant from the latters pasture to a railway shipping point, but that, after O. traveling in the same direction by automobile had observed his horses in the bunch, they were, before reaching the point, separated from the others and driven some miles away, was admissible as a part of the res gestae and evidencing a design to ship them also but for the appearance of their owner on the scene. - Page 270 Same ? Defendant Entitled to Instruction Responsive to Every Element of Defense. 2. Under the principle embraced in section 11384, Revised Codes 1921, a defendant charged with crime is entitled to have an instruction given responsive to every element of his defense shown by the evidence. Same ? Taking Animal in Honest Belief That Owner Gave Consent to Its Shipment to Market With Those of Defendant ? Refusal of Instruction Covering Point Reversible Error. 3. Defendant, charged with horse stealing, testified that he honestly believed from conversations had with the owner of the animal that he had authority to ship it with horses of his own to a market outside the state, he to account for its price after sale. At the trial he offered an instruction to the effect that if he did so believe and disposed of the animal in good faith and under a claim of right, acquittal should follow. Held, under rule 2, that in refusing to give the instruction the defendant was deprived of a substantial right.
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