State v. Mott
Montana Supreme Court
Appeal from, District Court, Missoula County; F. C. Webster, Judge. Louis H. Mott was convicted of murder in the first degree. From the judgment and from an order denying his motion for a new trial, he appeals.
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Appeal from, District Court, Missoula County; F. C. Webster, Judge. Louis H. Mott was convicted of murder in the first degree. From the judgment and from an order denying his motion for a new trial, he appeals. When the juror Coleman made -the statements which are charged against him by the affidavits of -Angst, Sherman and Cavanaugh, and then concealed them by false answers given on his examination on his voir dire, this constituted misconduct within the meaning of Subdivision 3, Section 2192, Penal Code,. and- the verdict should be set aside and a new trial granted. {United States v. Upham,…
1Opinion of the Court
MR. COMMISSIONER,- CALLAWAY
prepared the opinion for the court.
The defendant, Louis H. Mott, stands convicted of the crime of murder in the first degree. His motion for a new trial has been overruled. This appeal is from the order denying the motion, and from the judgment entered upon the jury’s verdict!
The ground upon which the motion for a new trial was based is that the defendant was not tried-by an impartial jury, in that one Coleman, when sworn as a juror, was biased and prejudiced against the defendant, which fact he concealed upon his voir dire examination, and which neither defendant…
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3Cited by24 opinions
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