State v. Messerly

MR. JUSTICE BOTTOMLY:

Upon an information charging him with the crime of manslaughter, Fred Messerly was found guilty by the jury. The court entered judgment on the verdict. The defendant Fred Messerly appeals from the judgment.

The facts: At Zortman, Phillips County, Montana, on Sunday evening, October 15,1950, a large number of people had gathered for the opening of the hunting season for deer. A crowd of people were congregated in the Miners Club, also known as the Thompson & Smith Bar. The barroom was some 20 feet long and it was 8 feet from the front of the serving bar to the opposite…