State v. Johnson
Montana Supreme Court
Appeals from District Court, Fergus County; Rudolf Von Tot el, Judge. A. D. Johnson was convicted of selling intoxicating liquor and appeals from the judgment and an order denying him a new trial.
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Appeals from District Court, Fergus County; Rudolf Von Tot el, Judge. A. D. Johnson was convicted of selling intoxicating liquor and appeals from the judgment and an order denying him a new trial. The cases seem to be almost unanimous on the proposition that a witness who has inadvertently or without the fault of the party calling him been in the courtroom during a portion of the time when a rule of exclusion has been invoked against the witnesses is not disqualified from testifying through such failure to observe the rule; that his testimony ought not to be rejected, thereby depriving the…
1Opinion of the CourtJustice Galen
delivered the "opinion of the court.
In this ease the defendant was charged by information with a misdemeanor, it being alleged that at Lewistown, in Fergus county, he did, on or about August 28, 1920, sell intoxicating liquors contrary to the law. The ease was tried to a jury and upon a verdict of guilty, wherein the punishment was left to be fixed by the court, sentence was imposed upon the defendant to pay a fine of $300 and to serve a term of two years’ imprisonment in the Fergus county jail. At the beginning of [1] the trial, on application of defendant’s counsel, the rule excluding…
2Cases cited21 opinions
- Holder v. United StatesSupreme Court of the United States · 1893
- State v. WardSupreme Court of Vermont · 1888
- Loose v. StateWisconsin Supreme Court · 1903
- Hoxie v. StateSupreme Court of Georgia · 1901
- State v. McDonaldMontana Supreme Court · 1915
16 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. WellsMontana Supreme Court · 1983
- State v. McLeodMontana Supreme Court · 1957
- State v. KesslerMontana Supreme Court · 1925
- State v. LattinMontana Supreme Court · 1969
- State v. WellsMontana Supreme Court · 1983