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STATE v. MACIEL

No. 9600.

305 P.2d 335 (1957)

STATE of Montana, Plaintiff and Respondent, v. Mike MACIEL, Defendant and Appellant.

Supreme Court of Montana.

Decided January 5, 1957.

Attorney(s) appearing for the Case

R.C. Letcher and Mr. Ralph L. Herriott, Billings, for Appellant.

Arnold H. Olsen, Atty. Gen., Emmet T. Walsh, Asst. Atty. Gen., Arnold A. Berger, John J. Cavan, Jr., County Attys., Peder J. Moe, Jr., Deputy County Atty., Billings, for respondent.

Peder J. Moe, Jr., Deputy County Atty., and Emmet T. Walsh, Asst. Atty. Gen., argued orally for respondent.

ANGSTMAN, Justice.

This is an appeal by the defendant from a judgment of conviction of the crime of grand larceny and from an order denying his motion for a new trial.

The crime was alleged to have been committed on or about the 6th day of February, 1955. The property alleged to have been stolen was cash in the sum of $4,700, the property of Dorothy Fava. The evidence on most issues was conflicting.

Viewed in the light most favorable to the state,...

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