Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1921-09-27
COUNTY CONFUSION
REVERSES CATTLE
Theft CONVICTION
State Supreme Court Holds
Locality of Crime Was
Not Established.
Special to The Tribune.

Special to The Tribune.
Helena, Sept, 26.-Holding that there
was not sufficient evidence to prove
that the crime for which Arthur Du
colon was convicted in the district court
for Meagher county. was committed ii
Meagher county and not in Cascade
county, the judgment of the Meagher
court is reversed and the cause re.
manded for new trial in decision
prepared by Associate Justice w. L.
Holloway and handed down in the SUI
preme court Monday.
DucOlOn, who was resident of the
southern part of Cascade county, had
been convicted of the crime of receiv-
ing stolen property. He appealed from
the judgment and the order denying a
new trial. Judge Holloway, in his de-
cision, reviews the case as follows:
I'm 1915, Maggie ]. Jenkins owned
the White Cabin ranch in Meagher
county and owned and kept on the
ranch some 76 head of cattle, includ-
ing 10 unbranded yearlings. She en-
ployed w. D. Brodock (also Of Cascade
county, to feed and care for these
cattle from early in January until about
April 8. 1916. ~. -. About April
8, Brodock quit the employment and
left the ranch. On April 13, when
Mrs. jenkins visited the ranch, she dis
covered that some 20 of her cattle, in
Guiding the ~ yearlings. were missing.
The tracks were followed to
the ranch of the defendant in Meagher
county. where the surrounding circum-
stances indicated that the cattle had
been branded. The tracks were follow
ed to the Hole in the Rock Ranch. in
Cascade county. where these 10 yearl-
ings, each bearing recent brand. We're
found on April 10. by the sheriff Of
Meagher county. his deputy, and John
w. jenkins. the husband Of the prose
cutting witness.
Other Man Convicted.
"The defendant was there present,
the sheriff claimed that he owned the
10 yearlings in question. When he
was thereafter Immediately arrested
scared and asserted that w ID. Bro
dock was interested in the cattle with
him. When confronted by Jenkins.
who had up to that time remained in
the background defendant disclaimed
any OWNERSHIP VI VI ihlSltSL ~ tHCSC
yearlings. The Hole in the Rock
ranch was owned by Oliver Brodock.
BUT was then under lease to w. ID.
Brodock, his son. The de-
:endant was at the Hole in the Ranch
lnder some tentative arrangements
With w. y. Brodock for partnership
which did not materialize as the ranch
WIS sold by it's owner. w
D. Brodock was charged with stealing
he 10 yearlings, was tried and con-
yicted and the judgment affirmed by
his court.
No Evidence Of Meagher Crime.
There is not any direct evidence
hat the defendant received or came
nto possession Of the cattle in
Ifeagher county, or that he was in
Ileagher county at any time after
March IL, when the cattle were pres
mt at the White Cabin ranch, until
April 10. when he was returned there
" the sheriff under arrest.
The fact that the crime was committed
n Meagher county must be establish
d beyond reasonable doubt. that is
" evidence which excludes the idea
hat it was committed in Cascade
ounty. The doctrine Of bare prepon- !
erance Of evidence has no place in
he practice Of criminal cases. The
ther questions raised need not be |,
onsidered. for, in the absence Of evil
ence establishing the venue as laid in !
he information. the trial court was
without jurisdiction to render this
Judgment"