Legal Opinion

State v. Barry

Montana Supreme Court

Decided June 15, 1912No. 3,151Published

Appeal from District Court, Carbon County; Sydney Fox, Judge. G. W. BARRY was charged with crime, and, from an order directing a verdict for him on the ground of the insufficiency of the information, the state appeals.

1Opinion of the CourtChief Justice Brantly

The defendant was charged with the crime of assault in the second degree. The information is formally entitled in the proper court, and reads as follow: “The State of Montana, Plaintiff, v. G. W. Barry, Defendant. In the district court of the Thirteenth judicial district of the state of Montana, in and for the county of Carbon, on this 6th day of November, 1911, in the name and on behalf of the state of Montana, G. W. Barry is accused by P. E. Allen, the duly elected, qualified, and acting county attorney of Carbon county, Montana, by this information with the crime of assault in the second…

2Cases cited7 opinions

  1. Savage v. StateSupreme Court of Florida · 1882
  2. Holt v. StateSupreme Court of Arkansas · 1886
  3. Independent Publishing Co. v. County of Lewis & ClarkeMontana Supreme Court · 1904
  4. Horne v. StateSupreme Court of Georgia · 1867
  5. State v. ThompsonSouth Dakota Supreme Court · 1893

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