STATE v. FAIRBURN

No. 9930.

340 P.2d 157 (1959)

STATE of Montana, Plaintiff and Respondent, v. Lloyd H. Fairburn, Defendant and Appellant.

Supreme Court of Montana.

Decided May 1, 1959.

Rehearing Denied June 25, 1959.


Attorney(s) appearing for the Case

Ralph L. Herriott, Billings, for appellant.

Forrest H. Anderson, Atty. Gen., William F. Crowley, Asst. Atty. Gen., William F. Crowley, Asst. Atty. Gen., argued orally, for respondent.


CASTLES, Justice.

This is an appeal from a judgment of conviction on a jury verdict. The appellant was convicted of grand larceny of property held by him as an agent under R.C.M. 1947, § 94-2701.

The charge arose out of appellant's appropriation to his personal use of $381.60 paid to him by the purchaser of a Comptometer computing machine. The appellant was an agent selling strictly on commission. According to the undisputed testimony of appellant's employer...

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