(Download) "Fowlis v. Heinecke" by Supreme Court of Montana ~ eBook PDF Kindle ePub Free
eBook details
- Title: Fowlis v. Heinecke
- Author : Supreme Court of Montana
- Release Date : January 12, 1930
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
1. Larceny. Evidence warranted conviction for grand larceny of automobile. 2. Criminal law Γ’€” Instructions Γ’€” Points covered by other instructions. The refusal to give requested instructions was not error where the points sought to be covered therein were correctly and adequately included in the instructions given. 3. Criminal law Γ’€” Words & Phrases Γ’€” "Steal" defined Γ’€” Failure to define no error. In larceny prosecution, the jury would be presumed to have applied to the word "steal" in instructions the generally understood and accepted meaning of a wrongful taking and appropriation of the property of another to the takers own use and benefit and failure to define the word "steal" in instructions was not error where no definition was requested. 4. Larceny Γ’€” Guilt not presumed from possession of goods only. The unexplained possession of stolen property alone does not justify the presumption that the possessor is guilty of larceny. 5. Criminal law Γ’€” Words & Phrases Γ’€” Accomplice defined. An "accomplice" is one who entertains a criminal intent common with the intent which moves the defendant to commit the crime, or one who, if not present, advised and encouraged commission of the crime, and mere presence or acquiescence or silence, in the absence of a duty to act, is not enough to make one an accomplice. 6. Criminal law Γ’€” Accomplice question one for jury. The question whether the witness was an accomplice was a question for the jury; and corroborating evidence which was sufficient unaided by the testimony of the accomplice to tend to connect the defendant with the offense charged was sufficient to warrant conviction. 7. Criminal law Γ’€” Witnesses Γ’€” Credibility is jury question. The credibility of witnesses is for the jury and not for the Supreme Court on appeal from a judgment of conviction.
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