State v. Sherman
Montana Supreme Court
Appeal from District Court, Fergus County; E. E. Cheadle, Judge. 'James Sherman was convicted of murder, and appeals from the judgment and an order denying him a new trial. Citing, on the question of the inadmissibility in evidence of the confession of defendant: People v. Barrie, 49 Cal. 345; People v. Thompson, 84 Cal. 598, 24 Pac. 386; Watts v. State, 99 Md. 30, 57 Atl. 544; State v. Nagle, 25 R. I. 105, 105 Am.
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Appeal from District Court, Fergus County; E. E. Cheadle, Judge. 'James Sherman was convicted of murder, and appeals from the judgment and an order denying him a new trial. Citing, on the question of the inadmissibility in evidence of the confession of defendant: People v. Barrie, 49 Cal. 345; People v. Thompson, 84 Cal. 598, 24 Pac. 386; Watts v. State, 99 Md. 30, 57 Atl. 544; State v. Nagle, 25 R. I. 105, 105 Am. St. Rep. 864, 54 Atl. 1065; Peck v. State (Ala.), 41 South. 760; Dixon v. State, 113 Ga. 1039, 39 S. E. 846; Garner’s Case, 2 Car. & K. 920; Kingston’s Case, 4 Car. & P. 387; Bex…
1Opinion of the CourtJustice Holloway
James Sherman was convicted of the crime of murder of the second degree, and appeals from the judgment and from an order denying him a new trial.
During the course of the trial, an effort was made by the .state to introduce in evidence certain confessions made by the defendant. Upon the request of the defendant, the court excused the jury, and heard testimony as to the circumstances under which such confessions were made. While the court seems to have been satisfied that the confessions were admissible, it nevertheless finally submitted the question to the jury, and this, also, would appear to…
2Cases cited3 opinions
- State v. TigheMontana Supreme Court · 1903
- Territory of Montana v. UnderwoodMontana Supreme Court · 1888
- Territory of Montana v. McClinMontana Supreme Court · 1871
3Cited by28 opinions
- Murphy v. United StatesCourt of Appeals for the Seventh Circuit · 1923
- State v. DixsonMontana Supreme Court · 1927
- Lyons v. StateCourt of Criminal Appeals of Oklahoma · 1943
- State v. LenonMontana Supreme Court · 1977
- State v. FitzpatrickMontana Supreme Court · 1977
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