(Download) "State v. Labbitt" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: State v. Labbitt
- Author : Supreme Court of Montana
- Release Date : January 20, 1945
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
1. Larceny ? intent to steal an essential element. The taking of property temporarily and with the intention of returning it is not larceny because of a lack of the animus furandi, or - Page 27 intent to steal, which is an essential element of the offense, and such taking is a mere trespass. 2. Larceny ? converting property permanently essential. To constitute larceny the offending party must have the view of converting the property taken to his own use permanently or depriving the owner of the property permanently. 3. Criminal Law ? advising or directing acquittal. When there is an utter failure of proof as to one or more of the essential elements of the offense charged, the trial court has the duty to order the jury to return a verdict of not guilty, but where there is evidence tending to prove every element necessary to constitute the offense charged but such evidence is insufficient in weight to warrant a conviction, the court may advise the jury to acquit but the jury is not bound by the advice. 4. Larceny ? failure of proof of felonious intent. In a prosecution for grand larceny, where the evidence for both state and defendant affirmatively disclosed that defendant took the property of the prosecuting witness for the sole purpose of securing himself as prosecuting witness landlord in collecting unpaid apartment rent and had no intention of permanently depriving prosecuting witness of her property, there was an utter failure of proof of felonious intent to steal, and the trial court should have directed a verdict for defendant.