Legal Opinion

State v. Peterson

Montana Supreme Court

Decided April 16, 1900No. 1505PublishedCited by 11 opinions

Appeal from District Court, Ravalli county; Frank II Woody, Judge. Nelson Peterson was convicted of murder in the first degree, and appeals. Complaint is made by counsel for appellant to the action of the court in refusing to admit testimony on the part of the defendant showing former beating, cruelty and ill treatment of the defendant by the deceased, and error is assigned on account of the ruling of the court excluding this testimony.

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Appeal from District Court, Ravalli county; Frank II Woody, Judge. Nelson Peterson was convicted of murder in the first degree, and appeals. Complaint is made by counsel for appellant to the action of the court in refusing to admit testimony on the part of the defendant showing former beating, cruelty and ill treatment of the defendant by the deceased, and error is assigned on account of the ruling of the court excluding this testimony. At the time the evidence was offered, the evidence already introduced in the case, and in fact the testimony of the defendant himself, showed that at the time…

1Per curiam

Appellant was convicted of murder in the first degree. He appeals from the judgment and order denying his motion for a new trial.

1. It is said no legal information was filed against defendant. The record shows the following facts:

“Journal Entry. September 1], 1899.

*85‘ ‘The county attorney and the defendant, with his counsel, C. B. Calkins, Esq., came into court. The county attorney now informs the court that the information herein heretofore filed was not signed, and asks leave of the court to sign it. Counsel for defendant objects, which objection is overruled by the court. Defendant excepts…

2Cases cited7 opinions

  1. People v. PicoCalifornia Supreme Court · 1882
  2. State v. PeelMontana Supreme Court · 1899
  3. Webber v. CommonwealthSupreme Court of Pennsylvania · 1888
  4. State v. BrooksMontana Supreme Court · 1899
  5. State v. McCafferyMontana Supreme Court · 1895

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. State v. HowardMontana Supreme Court · 1904
  2. State v. FelkerMontana Supreme Court · 1903
  3. State v. KitchensMontana Supreme Court · 1955
  4. People v. GiacaloneMichigan Supreme Court · 1928
  5. State v. ChevignyMontana Supreme Court · 1914

6 more not listed; retrieve them via the Exa API.

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