State v. Northrup
Montana Supreme Court
Appeal from Sixth Judicial District, Park County. Indictment for murder. Defendant’s motion for a new trial was granted by Henry, J. I. Tiie third subdivision of section 396 of the third division of the Compiled Statutes of Montana, which relates to appeals by the territory in criminal cases upon questions of law reserved by the state, is in contravention of the constitution of the United States and of the state of Montana, which provides that no person shall be twice placed…
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Appeal from Sixth Judicial District, Park County. Indictment for murder. Defendant’s motion for a new trial was granted by Henry, J. I. Tiie third subdivision of section 396 of the third division of the Compiled Statutes of Montana, which relates to appeals by the territory in criminal cases upon questions of law reserved by the state, is in contravention of the constitution of the United States and of the state of Montana, which provides that no person shall be twice placed in jeopardy for the same offense. Section 341, which carries into effect the provisions of chapter 15, would place the…
1Opinion of the CourtDe Witt, J.
The defendant was convicted in the district court of murder in the second degree. He moved for a new trial, which motion was by the court granted. From the order granting defendant’s motion for a new trial, the state has appealed to this court. The respondent moves to dismiss the appeal on the ground that the law does not permit the slate to appeal from that order granting defendant a new trial.
The state took a bill of exceptions to the order of the district court granting the motion for a new trial, and reserved what it contends is a question of law decided (and erroneously decided) by the…
2Cases cited8 opinions
- United States v. SangesSupreme Court of the United States · 1892
- Territory of Montana v. StearsMontana Supreme Court · 1875
- State v. ThompsonMontana Supreme Court · 1891
- Territory of Montana v. HannaMontana Supreme Court · 1884
- Courtright v. BerkinsMontana Supreme Court · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. KeerlMontana Supreme Court · 1904
- State v. BlackMontana Supreme Court · 1894
- State v. RidenbaughIdaho Supreme Court · 1897
- State v. MetcalfMontana Supreme Court · 1896
- State ex rel. Rosenstein v. District CourtMontana Supreme Court · 1910
8 more not listed; retrieve them via the Exa API.