Territory of Montana v. Duncan
Montana Supreme Court
Appeal from Second District, Deer Lodge County. The court erred in refusing to give the following instruction asked for: “It is charged in the indictment that the defendant broke and entered the dwelling-house of one Eli D. Holland. This is a material charge and must be proven as alleged beyond a reasonable doubt.
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Appeal from Second District, Deer Lodge County. The court erred in refusing to give the following instruction asked for: “It is charged in the indictment that the defendant broke and entered the dwelling-house of one Eli D. Holland. This is a material charge and must be proven as alleged beyond a reasonable doubt. A dwelling-house is a ‘ house in which the occupier and his family usually reside, or in- other words, dwell and live in,’ and before you can convict the defendant of the charge contained in the indictment, you must be satisfied beyond a reasonable doubt that’ the house mentioned in…
1Opinion of the CourtWade, C. J.
This is an indictment for burglary in the day-time, drawn under a statute of the territory, which provides that “Every person who shall break and entpr into any dwelling or other house, with the intent to commit murder, rape or robbery, or any other felony, in the day-time, shall be deemed guilty of burglary ” (R. S. 365, sec. 70); and, upon conviction thereof, the offender is subjected to punishment by imprisonment in the territorial prison for a period not less than two nor more than ten years. The statute of the territory further provides that “Crimes which do not subject the offender to…
2Cases cited6 opinions
- People v. StickmanCalifornia Supreme Court · 1867
- People v. ShaberCalifornia Supreme Court · 1867
- Wicks v. StateSupreme Court of Alabama · 1870
- State v. WilliamsTexas Supreme Court · 1874
- Lee v. StateSupreme Court of Georgia · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Pueblo v. ParísSupreme Court of Puerto Rico · 1917
- State v. MishMontana Supreme Court · 1907
- State v. Lu SingMontana Supreme Court · 1906
- State v. WileyCourt of Appeals of Maryland · 1937
- State v. KingslyMontana Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.