Legal Opinion

State v. McGowan

Montana Supreme Court

Decided January 25, 1908No. 2,469PublishedCited by 19 opinions

Appeal from. District Court, Teton County; J. E. Erickson, Judge. Daniel McGowan was convicted of murder in tbe second degree, and be appeals from tbe judgment and an order denying bim a new trial.

1Opinion of the CourtJustice Smith

delivered tbe opinion of tbe court.

Tbe above-named defendant was convicted in tbe district court of Teton county of tbe crime of murder in tbe second degree, and from a judgment of conviction and an order denying bis motion for a new trial be bas appealed.

*425The first contention of his counsel is that the information does not state facts sufficient to constitute a public offense, and is not direct and certain as to the particular circumstances of the offense sought to be charged. These questions were raised by demurrer in the court below. The charging part of the information reads as follows:…

2Cases cited8 opinions

  1. State v. PeelMontana Supreme Court · 1899
  2. Peterson v. StateSupreme Court of Georgia · 1873
  3. Territory of Montana v. StearsMontana Supreme Court · 1875
  4. Ray v. StateTennessee Supreme Court · 1902
  5. State v. Lu SingMontana Supreme Court · 1906

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

3Cited by19 opinions

  1. State v. BoardMontana Supreme Court · 1959
  2. State v. ShannonMontana Supreme Court · 1933
  3. State v. McDonaldMontana Supreme Court · 1915
  4. State v. BoltonMontana Supreme Court · 1922
  5. State v. GondeiroMontana Supreme Court · 1928

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

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