Legal Opinion

State v. Hill

Montana Supreme Court

Decided June 22, 1912No. 3,163PublishedCited by 20 opinions

Appeal from, District Court, Cascade County; J. B. Leslie, Judge. 'WV E. Hill and W. A. Stanley, convicted of burglary in tbe first degree, appeal from the judgments of conviction.

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Appeal from, District Court, Cascade County; J. B. Leslie, Judge. 'WV E. Hill and W. A. Stanley, convicted of burglary in tbe first degree, appeal from the judgments of conviction. The state must prove the particular crime charged in the information upon which defendants are being tried before evidence of any other crimes can be received (People v. Downs, 123 N. T. 558, 25 N. E. 988; Sorenson v. United States, 168 Fed. 785, 94 C. C. A. 181; People v. Tucker, 104 Cal. 440, 38 Pac. 195); and evidence of other crimes can only be received, first, to identify the person (Cooper v. State, 23 Tex.…

1Opinion of the CourtJustice Smith

Defendants were convicted of burglary in the first degree. They appeal from the judgments of conviction.

The state appears to have proved beyond a reasonable doubt that on December 15, 1910, the residence of J. W. Speer, W. S. Frary and B. L. Johnson, at Great Falls, Cascade county, were burglarized. The defendants were accused of burglarizing the residence of J. W. Speer. They were arrested on December 26 at Billings. At or about the same time certain articles of personal property were found in a telescope satchel in an old boiler in Billings, to-wit, a lot of jewelry and an overcoat…

2Cases cited2 opinions

  1. In re HowardSupreme Court of Kansas · 1905
  2. State v. HallMontana Supreme Court · 1912

3Cited by20 opinions

  1. State v. EbelMontana Supreme Court · 1932
  2. State v. HopkinsMontana Supreme Court · 1923
  3. State v. ReedMontana Supreme Court · 1922
  4. State v. PippiMontana Supreme Court · 1921
  5. State v. CatesMontana Supreme Court · 1934

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