State v. Keeland

• Court: United States State Supreme Court of Montana
• Citation: 39 Mont. 506
• Parties: STATE v. KEELAND et al.
• Decision Date: 22 October 1909

39 Mont. 506

STATE
v.
KEELAND et al.

Supreme Court of Montana.

Oct. 22, 1909.

Appeal from District Court, Custer County; C. H. Loud, Judge.

Henry J. Keeland and another were convicted of grand larceny, and appeal. Reversed and remanded.

C. C. Hurley and Geo. W. Farr, for appellants. Albert J. Galen, Atty. Gen., and W. L. Murphy, Asst. Atty. Gen., for the State.

BRANTLY, C. J.

The defendants were convicted of the crime of grand larceny alleged to have been committed by them in Dawson county, by feloniously stealing, taking, leading, and driving away three heifers, of the value of $40, the property of Charles F. Bean. The animals are described as branded “7L” on the left ribs and having a “swallow fork” in both ears. These appeals are from the judgment and an order denying their motion for a new trial.

First, it is contended that the evidence is insufficient to justify the verdict, in that there is no proof of the corpus delicti—in other words, it is not shown that the heifers were the property of Charles F. Bean and that the defendants stole them while alive; and, second, that the larceny, if committed, was committed in Dawson county. The evidence introduced by the state shows the following: Charles F. Bean resides in Dawson county, on East Redwater creek, about 60 miles north of Glendive, and is the owner of cattle which roam on the neighboring range. On October 1, 1908, one Ernest Bottins was out upon the range in that vicinity, hunting cattle. He was accompanied by Sylvanus Bean, a son of Charles F. Bean. After riding for some time Bean left Bottins, intending to return home for a fresh horse. Soon after they parted, Bottins discovered some fresh dressed beef concealed in the brush in a coulee. There were three whole carcasses, with the hides and heads. The carcasses had each been cut across into two pieces, so as to leave the fore and hind quarters together. They were lying upon the hides, which had also been cut across from side to side. Judging by the absence of offal and the appearance of the surroundings, the animals had been killed and dressed at some other place, and the beef afterwards concealed in the coulee. As shown by the udders left on the hides, they were all heifers. Upon noticing the earmarks, Bottins went in search of Bean. Having found and informed him of what he had discovered, Bottins went to bring a stock inspector and deputy sheriff named Bartley who resided nearby. Bean went home, got his rifle, rode to where the beef was lying, and, after examining the brand and earmarks and finding them to be those used by his father, concealed himself in the brush and watched to ascertain who, if any one, came to take the beef away. While he was there, three hunters, all of whom he knew, passed up the coulee, but apparently did not see the beef or know anything about it until, upon their presently returning, he called their attention to it. They then passed on, leaving him on watch. About an hour and a half later the two defendants drove up along the coulee in a lumber wagon. Upon arriving at a point opposite where the beef was concealed, they stopped, and, after some conversation as to whether it was flyblown or not, began to load it into the wagon. Thereupon Bean came out of his place of concealment and arrested them. The part of his testimony detailing what was said by defendants after the arrest is the following: “Q. After the time the team was unhitched, or during this time that the team was being unhitched, did Keeland make any statement to you? A. Mr. Keeland made a statement to me relative to the killing of this beef at the time the two defendants were there. Q. You may give that conversation now. A. He said he would not have done it if I had not knocked him down here in town. Q. What further statements, if any, did he make along this same line? A. He offered me $100 to let him go. *** He offered me $100 to try and hush it up and let him go. Q. Now, Mr. Bean, state as near as you can, if you remember Mr. Keeland's exact words. A. He says: ‘I...