State v. Byrne
Montana Supreme Court
Appeals from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Steve Byrne was found guilty of murder in the first degree, and from the judgment of conviction and from an order denying a new trial, he appeals. There was error in admitting the upper portion of the skull of the deceased in evidence.
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Appeals from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Steve Byrne was found guilty of murder in the first degree, and from the judgment of conviction and from an order denying a new trial, he appeals. There was error in admitting the upper portion of the skull of the deceased in evidence. Modern authority condemns the practice of receiving in evidence grewsome exhibits which have no tendency to elucidate the issues and which tend to inflame and incite the passions and prejudices of the trial jurors. An examination of the exhibit will convince this court that it has no…
1Opinion of the Court
MR. CHIEF COMMISSIONER POORMAN
prepared the opinion for the court.
On the tenth day of December, 1919, the county attorney of Silver Bow county filed an information against the defendant, *322Steve Byrne, and three others, charging them with the crime of murdering Sylvester J. Prenatt on the ninth day of December, 1919. The defendant, the appellant herein, was given a separate trial, which resulted in a verdict of guilty of murder in the first degree, the jury fixing the punishment at death. Prom the judgment entered on this verdict and from the action of the court in overruling the defendant’s…
2Cases cited26 opinions
- People v. HolmesCalifornia Supreme Court · 1897
- State v. HowardMontana Supreme Court · 1904
- People v. PhelanCalifornia Supreme Court · 1899
- Commonwealth v. BestMassachusetts Supreme Judicial Court · 1902
- State v. HaworthUtah Supreme Court · 1902
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3Cited by21 opinions
- State v. FitzpatrickMontana Supreme Court · 1980
- Evans v. United StatesCourt of Appeals for the Tenth Circuit · 1941
- State v. BuckleyMontana Supreme Court · 1976
- State v. MoranMontana Supreme Court · 1963
- State v. AllisonMontana Supreme Court · 1948
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