Territory v. Perkins
Montana Supreme Court
Appeal from Third District, Lewis am,d Clarke County. The offense described in tbe indictment was committed in Fort Benton, Cboteau county. Tbe case was tried before Wade, J., in Lewis and Clarke county, to wbicb Cboteau county is attached for judicial purposes. Tbe court erred in overruling defendant’s motion for a continuance, upon tbe agreement of tbe district attorney, that be would admit that Marshall, if present, would testify to tbe facts in tbe affidavit.
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Appeal from Third District, Lewis am,d Clarke County. The offense described in tbe indictment was committed in Fort Benton, Cboteau county. Tbe case was tried before Wade, J., in Lewis and Clarke county, to wbicb Cboteau county is attached for judicial purposes. Tbe court erred in overruling defendant’s motion for a continuance, upon tbe agreement of tbe district attorney, that be would admit that Marshall, if present, would testify to tbe facts in tbe affidavit. People v. Diaz, 6 Cal. 249; People v. Ver-milyea, Y Cow. 383; Brill v. Lord, 14 Johns. 341; People v. Kohle, 4 Cal. 198; Miller v.…
1Opinion of the CourtBlare, J.
The appellant has been indicted for assault upon M. Solomon with intent to commit murder, and convicted and sentenced to be confined in the Territorial prison. The court overruled the motions for a new trial and in arrest of the judgment, and. Perkins appealed. We will examine some of the errors which have been assigned and are discussed in the briefs of the counsel for the. appellant.
It is claimed that the court erred in denying the motion of the appellant for a continuance of the case until the succeeding term. The alleged offense was committed February 12,1875, the indictment was filed May…
2Cases cited3 opinions
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- State v. ChapmanNevada Supreme Court · 1871
- People v. MarchCalifornia Supreme Court · 1856
3Cited by11 opinions
- State v. HowardMontana Supreme Court · 1904
- Territory of Montana v. MantonMontana Supreme Court · 1888
- State v. FiesterOregon Supreme Court · 1897
- Territory v. HardingMontana Supreme Court · 1887
- Territory of Montana v. RobertsMontana Supreme Court · 1889
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