Notes of Decisions
Cited in
283
cases (
33 in the last 5 years), 1979–2026 · leading case:
State v. Sheehan, 2017 MT 185 (Mont. 2017).
State v. Sheehan, 2017 MT 185 (Mont. 2017).
· cites it 90× “§ 45-6-301 (5).” Accordingly, Sheehan argues, the court’s rejection of his instruction prejudicially affected his right to a fair trial and the District Court therefore abused its discretion in rejecting his proposed instruction.”
State v. Charitie Shively, 2009 MT 252 (Mont. 2009).
· cites it 74× “¶15 Shively first argues that the plain language of subsection (1) of § 45-6-301, MCA, unambiguously requires proof that she knew the welder was stolen.”
State v. Mills, 428 P.3d 834 (Mont. 2018).
· cites it 52× “***124 ¶ 1 Barry William Mills appeals from the judgment of conviction of the Montana Tenth Judicial District Court, Fergus County, on jury verdicts on the offenses of felony theft and misdemeanor theft, as defined by § 45-6-301(1), MCA. We affirm. ¶ 2 We address the following…”
State v. Farrell, 676 P.2d 168 (Mont. 1984).
· cites it 44× “Thus, the trial court did not err by failing to grant appellant’s motions to dismiss or for a directed verdict. Similarly, the rendering of Instructions No.”
State v. Cole, 744 P.2d 526 (Mont. 1987).
· cites it 72× “2d 376 , in my opinion, is still authority for the proposition that subsections (1) and (3) of § 45-6-301, MCA, define "statutorily distinct crimes.”
State v. Cech, 2007 MT 184 (Mont. 2007).
· cites it 24× “On June 28, 2005, Cech was charged by information in the Twenty-First Judicial District Court, Ravalli County, with felony theft in violation of § 45-6-301, MCA. The information alleged Cech “purposely or knowingly obtained 2 or exerted unauthorized control over a vehicle…”
State v. W. Lawrence, 2016 MT 346 (Mont. 2016).
· cites it 12× “Even though the court informed the jury of that element, it didn’t correctly define for the jury what “purpose” meant in proving the elements of theft. ¶32 During the trial Officer Zapata testified that another officer advised him that Lawrence “was possibly in Stewart Homes…”
State v. G. Denny, 2021 MT 104 (Mont. 2021).
· cites it 19× “17 ¶32 Denny was charged with theft by possession of stolen property under § 45-6-301(3)(c), MCA, (purposely or knowingly obtains controls over stolen property - knowing the property to have been stolen by another) and not with theft by unauthorized use under § 45-6-301(1), MCA,…”
State v. White, 750 P.2d 440 (Mont. 1988).
· cites it 41× “Section 45-6-301, MCA, defines the crime of theft.”
State v. Sullivan, 880 P.2d 829 (Mont. 1994).
· cites it 16× “Defendant was found guilty of Count III, felony theft of golf lesson money belonging to Bill Dunn and Connie Crammer, pursuant to § 45-6-301, MCA. Dunn and Crammer taught winter golf lessons.”
State v. Kelley, 2005 MT 200 (Mont. 2005).
· cites it 14× “Additionally, the Information charged Kelley with one count of theft in violation of §45-6-301, MCA. While this statute contains several sub-sections, each of which constitutes a distinct offense, the Information did not cite to any particular subsection.”
State v. Benoit, 2002 MT 166 (Mont. 2002).
· cites it 10× “¶ 7 On August 27, 1999, the Cascade County Attorney filed an Information in the District Court alleging Benoit committed the offense of felony theft, in violation of § 45-6-301(1)(a), MCA (1997), on or between May 1997 and August 1999.”
— Mont. Code Ann. § 45-6-301(1) — 37 cases
State v. Charitie Shively, 2009 MT 252 (Mont. 2009).
“¶15 Shively first argues that the plain language of subsection (1) of § 45-6-301, MCA, unambiguously requires proof that she knew the welder was stolen.”
State v. Mills, 428 P.3d 834 (Mont. 2018).
“***124 ¶ 1 Barry William Mills appeals from the judgment of conviction of the Montana Tenth Judicial District Court, Fergus County, on jury verdicts on the offenses of felony theft and misdemeanor theft, as defined by § 45-6-301(1), MCA. We affirm. ¶ 2 We address the following…”
State v. Cech, 2007 MT 184 (Mont. 2007).
“On June 28, 2005, Cech was charged by information in the Twenty-First Judicial District Court, Ravalli County, with felony theft in violation of § 45-6-301, MCA. The information alleged Cech “purposely or knowingly obtained 2 or exerted unauthorized control over a vehicle…”
State v. Cole, 744 P.2d 526 (Mont. 1987).
“2d 376 , in my opinion, is still authority for the proposition that subsections (1) and (3) of § 45-6-301, MCA, define "statutorily distinct crimes.”
— Mont. Code Ann. § 45-6-301(1)(a) — 51 cases
State v. Mills, 428 P.3d 834 (Mont. 2018).
“***124 ¶ 1 Barry William Mills appeals from the judgment of conviction of the Montana Tenth Judicial District Court, Fergus County, on jury verdicts on the offenses of felony theft and misdemeanor theft, as defined by § 45-6-301(1), MCA. We affirm. ¶ 2 We address the following…”
State v. Charitie Shively, 2009 MT 252 (Mont. 2009).
“¶15 Shively first argues that the plain language of subsection (1) of § 45-6-301, MCA, unambiguously requires proof that she knew the welder was stolen.”
State v. W. Lawrence, 2016 MT 346 (Mont. 2016).
“Even though the court informed the jury of that element, it didn’t correctly define for the jury what “purpose” meant in proving the elements of theft. ¶32 During the trial Officer Zapata testified that another officer advised him that Lawrence “was possibly in Stewart Homes…”
— Mont. Code Ann. § 45-6-301(1)(a)(5) — 1 case
— Mont. Code Ann. § 45-6-301(1)(b) — 9 cases
State v. White, 750 P.2d 440 (Mont. 1988).
“Section 45-6-301, MCA, defines the crime of theft.”
State v. Sullivan, 880 P.2d 829 (Mont. 1994).
“Defendant was found guilty of Count III, felony theft of golf lesson money belonging to Bill Dunn and Connie Crammer, pursuant to § 45-6-301, MCA. Dunn and Crammer taught winter golf lessons.”
— Mont. Code Ann. § 45-6-301(1)(c) — 4 cases
— Mont. Code Ann. § 45-6-301(2) — 4 cases
— Mont. Code Ann. § 45-6-301(2)(a) — 10 cases
— Mont. Code Ann. § 45-6-301(2)(b) — 2 cases
— Mont. Code Ann. § 45-6-301(2)(c) — 1 case
— Mont. Code Ann. § 45-6-301(3) — 15 cases
State v. Cole, 744 P.2d 526 (Mont. 1987).
“2d 376 , in my opinion, is still authority for the proposition that subsections (1) and (3) of § 45-6-301, MCA, define "statutorily distinct crimes.”
State v. Charitie Shively, 2009 MT 252 (Mont. 2009).
“¶15 Shively first argues that the plain language of subsection (1) of § 45-6-301, MCA, unambiguously requires proof that she knew the welder was stolen.”
— Mont. Code Ann. § 45-6-301(3)(a) — 6 cases
State v. G. Denny, 2021 MT 104 (Mont. 2021).
“17 ¶32 Denny was charged with theft by possession of stolen property under § 45-6-301(3)(c), MCA, (purposely or knowingly obtains controls over stolen property - knowing the property to have been stolen by another) and not with theft by unauthorized use under § 45-6-301(1), MCA,…”
— Mont. Code Ann. § 45-6-301(3)(b) — 3 cases
State v. Cech, 2007 MT 184 (Mont. 2007).
“On June 28, 2005, Cech was charged by information in the Twenty-First Judicial District Court, Ravalli County, with felony theft in violation of § 45-6-301, MCA. The information alleged Cech “purposely or knowingly obtained 2 or exerted unauthorized control over a vehicle…”
— Mont. Code Ann. § 45-6-301(3)(c) — 3 cases
State v. G. Denny, 2021 MT 104 (Mont. 2021).
“17 ¶32 Denny was charged with theft by possession of stolen property under § 45-6-301(3)(c), MCA, (purposely or knowingly obtains controls over stolen property - knowing the property to have been stolen by another) and not with theft by unauthorized use under § 45-6-301(1), MCA,…”
— Mont. Code Ann. § 45-6-301(4) — 3 cases
State v. Farrell, 676 P.2d 168 (Mont. 1984).
“Thus, the trial court did not err by failing to grant appellant’s motions to dismiss or for a directed verdict. Similarly, the rendering of Instructions No.”
— Mont. Code Ann. § 45-6-301(4)(a) — 3 cases
State v. Farrell, 676 P.2d 168 (Mont. 1984).
“Thus, the trial court did not err by failing to grant appellant’s motions to dismiss or for a directed verdict. Similarly, the rendering of Instructions No.”
— Mont. Code Ann. § 45-6-301(5) — 6 cases
State v. Farrell, 676 P.2d 168 (Mont. 1984).
“Thus, the trial court did not err by failing to grant appellant’s motions to dismiss or for a directed verdict. Similarly, the rendering of Instructions No.”
State v. Sheehan, 2017 MT 185 (Mont. 2017).
“§ 45-6-301 (5).” Accordingly, Sheehan argues, the court’s rejection of his instruction prejudicially affected his right to a fair trial and the District Court therefore abused its discretion in rejecting his proposed instruction.”
— Mont. Code Ann. § 45-6-301(5)(b) — 4 cases
State v. Sheehan, 2017 MT 185 (Mont. 2017).
“§ 45-6-301 (5).” Accordingly, Sheehan argues, the court’s rejection of his instruction prejudicially affected his right to a fair trial and the District Court therefore abused its discretion in rejecting his proposed instruction.”
— Mont. Code Ann. § 45-6-301(6) — 7 cases
State v. Farrell, 676 P.2d 168 (Mont. 1984).
“Thus, the trial court did not err by failing to grant appellant’s motions to dismiss or for a directed verdict. Similarly, the rendering of Instructions No.”
— Mont. Code Ann. § 45-6-301(6)(a) — 1 case
— Mont. Code Ann. § 45-6-301(6)(b) — 2 cases
— Mont. Code Ann. § 45-6-301(7) — 9 cases
State v. Benoit, 2002 MT 166 (Mont. 2002).
“¶ 7 On August 27, 1999, the Cascade County Attorney filed an Information in the District Court alleging Benoit committed the offense of felony theft, in violation of § 45-6-301(1)(a), MCA (1997), on or between May 1997 and August 1999.”
— Mont. Code Ann. § 45-6-301(7)(a) — 6 cases
— Mont. Code Ann. § 45-6-301(7)(b) — 4 cases
— Mont. Code Ann. § 45-6-301(7)(b)(i) — 4 cases
— Mont. Code Ann. § 45-6-301(7)(b)(ii) — 3 cases
— Mont. Code Ann. § 45-6-301(8) — 14 cases
— Mont. Code Ann. § 45-6-301(8)(a) — 1 case
— Mont. Code Ann. § 45-6-301(8)(b) — 6 cases
— Mont. Code Ann. § 45-6-301(8)(b)(i) — 3 cases
— Mont. Code Ann. § 45-6-301(9) — 1 case
— Mont. Code Ann. § 45-6-301(a) — 1 case
— Mont. Code Ann. § 45-6-301(b) — 1 case
State v. White, 750 P.2d 440 (Mont. 1988).
“Section 45-6-301, MCA, defines the crime of theft.”
— Mont. Code Ann. § 45-6-301(c)(3) — 1 case
— Mont. Code Ann. § 45-6-301(l) — 3 cases
— Mont. Code Ann. § 45-6-301(l)(a) — 35 cases
State v. Charitie Shively, 2009 MT 252 (Mont. 2009).
“¶15 Shively first argues that the plain language of subsection (1) of § 45-6-301, MCA, unambiguously requires proof that she knew the welder was stolen.”
State v. W. Lawrence, 2016 MT 346 (Mont. 2016).
“Even though the court informed the jury of that element, it didn’t correctly define for the jury what “purpose” meant in proving the elements of theft. ¶32 During the trial Officer Zapata testified that another officer advised him that Lawrence “was possibly in Stewart Homes…”
State v. Kelley, 2005 MT 200 (Mont. 2005).
“Additionally, the Information charged Kelley with one count of theft in violation of §45-6-301, MCA. While this statute contains several sub-sections, each of which constitutes a distinct offense, the Information did not cite to any particular subsection.”
— Mont. Code Ann. § 45-6-301(l)(a)(7)(b) — 1 case
— Mont. Code Ann. § 45-6-301(l)(a)(8) — 1 case
— Mont. Code Ann. § 45-6-301(l)(b) — 5 cases
State v. White, 750 P.2d 440 (Mont. 1988).
“Section 45-6-301, MCA, defines the crime of theft.”
State v. Sullivan, 880 P.2d 829 (Mont. 1994).
“Defendant was found guilty of Count III, felony theft of golf lesson money belonging to Bill Dunn and Connie Crammer, pursuant to § 45-6-301, MCA. Dunn and Crammer taught winter golf lessons.”
— Mont. Code Ann. § 45-6-301(l)(c) — 10 cases
— Mont. Code Ann. § 45-6-301(lXa) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.