State v. O'Brien
Montana Supreme Court
Appeal from, Eighth Judicial District, GascaEe Gounty. CoNVigtioN for manslaughter. The defendant was tried before Benton, J. Statement of the case by the justice delivering the opinion. The defendant was indicted for murder in the first degree, and convicted of manslaughter, in the killing of one Frank Bixby, in Cascade county, on August 18, 1895. He appeals from the final judgment of conviction. The information charges that the killing was done with a rifle.
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Appeal from, Eighth Judicial District, GascaEe Gounty. CoNVigtioN for manslaughter. The defendant was tried before Benton, J. Statement of the case by the justice delivering the opinion. The defendant was indicted for murder in the first degree, and convicted of manslaughter, in the killing of one Frank Bixby, in Cascade county, on August 18, 1895. He appeals from the final judgment of conviction. The information charges that the killing was done with a rifle. I. It was not a proper exercise of judicial authority for the court to demand of tbe defendant in the first instance that he disclose…
1Opinion
ON MOTION POE REHEARING.
2Per curiam
Counsel for the state objects to the decision formerly rendered in this case on the ground that this court assumed that all the testimony given on the trial was contained in the bill of exceptions, while the fact is. as counsel alleges, that all the testimony upon the trial was not so contained nor does the judge so certify. Counsel is wrong in his statement. It is true that the record did not pretend to bring up all the testimony, nor did we, in deciding the case, assume that all the testimony was contained in the bill of exceptions. We did, however, as matter of…
3Cases cited2 opinions
- In re ThompsonMontana Supreme Court · 1890
- Authier v. Bennett Bros.Montana Supreme Court · 1895