State v. Fisher
Montana Supreme Court
Appeal from District Court, Fergus County; Dudley Du Bose, Judge. James Eli Fisher was convicted of murder. From a judgment and an order denying a new trial he appeals.
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Appeal from District Court, Fergus County; Dudley Du Bose, Judge. James Eli Fisher was convicted of murder. From a judgment and an order denying a new trial he appeals. With reference to the statements of the court objected to and alleged by the appellant to be oral instructions and se error, we submit that a proper construction of Sec. 371 of the Code of Civil Procedure providing for stenographers who shall take full notes of all the proceedings given or had at the trial, together with the section (1080 Code C. P.) directing that the court shall instruct the jury in writing, make the laws of…
1Opinion of the CourtJustice Pigott
James Eli Fisher, accused of the murder of one John Allen, and convicted of murder of the first degree, has appealed from the judgment imposing death and from the order denying his motion for a new trial.
1. That the evidence is not sufficient to sustain the verdict is one of the assignments upon which the defendant asks for a reversal. It is argued that the corroboration of the alleged accomplice, James Calder, was not such as the law requires. Upon this point it is enough to say that there are many items of evidence which in themselves, and without the aid of the testimony of James Calder,…
2Cases cited10 opinions
- People v. RepkeMichigan Supreme Court · 1895
- Arp v. StateSupreme Court of Alabama · 1892
- State v. WelchMontana Supreme Court · 1899
- People v. KindlebergerCalifornia Supreme Court · 1893
- People v. HandleyCalifornia Supreme Court · 1893
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3Cited by40 opinions
- United States v. SorceyCourt of Appeals for the Seventh Circuit · 1945
- Orr v. StateAlabama Court of Appeals · 1958
- State v. LuceyMontana Supreme Court · 1900
- Commonwealth v. VasquezMassachusetts Supreme Judicial Court · 2012
- State v. BrooksMontana Supreme Court · 1967
35 more not listed; retrieve them via the Exa API.