State v. Metcalf
Montana Supreme Court
Appeal from Fifth Judicial District, Beaverhead Gownty. Conviction for murder in the second degree. The defend-' ant was tried before Showers, J. The continuance should have been granted, and a refusal to grant a continuance upon a proper showing is ground for reversal. , (United States v. Fox, 3 Mont. 517, § 253 Code Civil Proceed.; Territory v. Davis, 10 Pac. 359; Territory v. Kinney, 9 Pac. 599; State v. Hand, 31 Pac. 146; Sutton v. People, 10 N. E. 376.) It was…
Read the full summary
Appeal from Fifth Judicial District, Beaverhead Gownty. Conviction for murder in the second degree. The defend-' ant was tried before Showers, J. The continuance should have been granted, and a refusal to grant a continuance upon a proper showing is ground for reversal. , (United States v. Fox, 3 Mont. 517, § 253 Code Civil Proceed.; Territory v. Davis, 10 Pac. 359; Territory v. Kinney, 9 Pac. 599; State v. Hand, 31 Pac. 146; Sutton v. People, 10 N. E. 376.) It was obligatory on the state to call the persons who were witnesses of the homicide. See Territory v. Hanna, 5 Mont. 248; llwrd v.…
1Opinion of the CourtPemberton, C. J.
The defendant was tried in the district court in Beaverhead county upon an information charging him with the crime of murder in the first degree, alleged to have been committed in that county. He was found guilty of murder in the second degree, and sentenced to imprisonment in the penitentiary for a term of 30 years. From an order denying a new trial and the judgment of the court the defendant appeals.
The information, omitting the formal parts, is as follows: ‘ ‘That Paul Metcalf, late of the county of Beaverhead, on or about the 12th day of August, A. D. 1894, at the county of Beaverhead, in…
Also in this document: Concurrence.
2Cases cited7 opinions
- Hurd v. PeopleMichigan Supreme Court · 1872
- Wellar v. PeopleMichigan Supreme Court · 1874
- Territory of Montana v. StearsMontana Supreme Court · 1875
- State v. RussellMontana Supreme Court · 1893
- Territory of Montana v. HannaMontana Supreme Court · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Ross v. StateWyoming Supreme Court · 1899
- State v. ShuffIdaho Supreme Court · 1903
- State v. KeerlMontana Supreme Court · 1904
- State v. RollaMontana Supreme Court · 1898
- Commonwealth v. DardenMassachusetts Appeals Court · 1977
8 more not listed; retrieve them via the Exa API.