State v. Rodgers
Montana Supreme Court
Appeal from District Court, Silver Bow County; Michael Donlan, Judge. Patrick Rodgers was convicted of burglary, and appeals from tbe judgment and an order denying his motion for a new trial. The information is bad for duplicity, it being alleged that the entry was with the intent “to commit grand and petit larceny.”
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Appeal from District Court, Silver Bow County; Michael Donlan, Judge. Patrick Rodgers was convicted of burglary, and appeals from tbe judgment and an order denying his motion for a new trial. The information is bad for duplicity, it being alleged that the entry was with the intent “to commit grand and petit larceny.” Under our statutes the information may charge the' same offense in different forms under different counts, but this must be done in such a way as to show clearly upon the face-of the information that the matters and things set forth in the-different counts are descriptive of one…
1Opinion of the CourtJustice Holloway
Patrick Rodgers, James Barrett, a,nd Frank Rodgers were jointly accused of the crime of burglary, by an information filed in the district court of Silver Bow county, the charging part of which is as follows: “That at the county of Silver Bow, state of Montana, on or about the ninth day of November, A. I). 1908, and before the filing of this information, the said defendants, Patrick Rodgers, James Barrett and Frank Rodgers, •did willfully, unlawfully, feloniously, intentionally and burglariously enter that certain store and building known as the ■store and building of Louis Dreibelbis and…
2Cases cited7 opinions
- State v. HowardMontana Supreme Court · 1904
- Martin v. CorscaddenMontana Supreme Court · 1906
- State v. MahoneyMontana Supreme Court · 1900
- Poindexter & Orr Live Stock Co. v. Oregon Short Line RailroadMontana Supreme Court · 1905
- State v. RogersMontana Supreme Court · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
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- State v. FowlerMontana Supreme Court · 1921
- State v. SmithMontana Supreme Court · 1920
- Rairden v. HedrickMontana Supreme Court · 1913
5 more not listed; retrieve them via the Exa API.