STATE v. SMITH

No. 9928.

334 P.2d 1099 (1959)

STATE of Montana, Plaintiff and Respondent, v. Basil W. SMITH, Defendant and Appellant.

Supreme Court of Montana.

Decided February 6, 1959.


Attorney(s) appearing for the Case

Worden & Worden, Missoula, for appellant. Donovan Worden, Missoula, argued orally.

Forrest H. Anderson, Atty. Gen., Thomas J. Hanrahan, Asst. Atty. Gen., Anthony F. Keast, County Atty., Missoula, for respondent. Thomas J. Hanrahan, Asst. Atty. Gen., argued orally.


CASTLES, Justice.

The appellant, Basil W. Smith, was convicted on a charge of larceny of property held by him as a bailee under R.C.M. 1947, § 94-2701, subd. 2. The appeal is taken both from the judgment of conviction entered upon the verdict and from an order of the court denying a new trial.

There is little conflict in the testimony. The general fact situation was this. Appellant Smith was president and general manager of a corporation known as the...

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