STATE v. O'DONNELL

No. 10112.

354 P.2d 1105 (1960)

STATE of Montana, Plaintiff and Respondent, v. John A. O'DONNELL, Defendant and Appellant.

Supreme Court of Montana.

Decided September 7, 1960.


Attorney(s) appearing for the Case

Lee Overfelt, Billings, argued orally for appellant.

Forrest H. Anderson, Atty. Gen., Wayne E. Linnell, Asst. Atty. Gen., William J. Speare, County Atty., Billings, for respondent. Wayne E. Linnell argued orally.


CASTLES, Justice.

This is an appeal from a judgment of conviction of the crime of grand larceny entered on a jury verdict.

The offense charged was that of stealing a cow. The defendant was arrested at about 3:30 a.m. on a snowy, cold morning February 10, 1958, in a pickup truck in which a still-steaming butchered beef was being hauled. The defendant was in a truck being driven by one Gonzales. In the cab of the truck was a gun belonging to defendant or his...

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