State v. Koch
Montana Supreme Court
Appeal from District Court, Fergus County; E. K. Cheadle, Judge. Harry Koch was convicted of voluntary manslaughter. He appeals from the judgment and an order denying him a new trial. By the instruction complained of (No. 29), the court, in effect, advised the jury to find the defendant guilty of murder in the first degree, murder in the .second degree, voluntary manslaughter or involuntary manslaughter.
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Appeal from District Court, Fergus County; E. K. Cheadle, Judge. Harry Koch was convicted of voluntary manslaughter. He appeals from the judgment and an order denying him a new trial. By the instruction complained of (No. 29), the court, in effect, advised the jury to find the defendant guilty of murder in the first degree, murder in the .second degree, voluntary manslaughter or involuntary manslaughter. The evidence on the part of the state clearly established the commission of the offense charged, and the defendant in his testimony admits all the facts established by the state but denies…
1Opinion of the CourtChief Justice Beantly
-delivered the opinion of the court.
The defendant was by information charged with the crime of murder. Upon his plea of not guilty he was tried and found guilty of voluntary manslaughter and sentenced to a term of ten years in the state prison. He has appealed from the judgment and an order denying him a new trial.
The circumstances attending the homicide are the following: On February 15, 1904, the date of the homicide, the defendant and three others were engaged in a game of cards in a saloon owned and conducted by one Joseph D. Yander, in the *493village of Stanford, Fergus county. The play had…
2Cases cited15 opinions
- State v. Spotted HawkMontana Supreme Court · 1899
- People v. NeumannMichigan Supreme Court · 1891
- Paxton v. WoodwardMontana Supreme Court · 1904
- State v. . RileySupreme Court of North Carolina · 1893
- Huffman v. StateSupreme Court of Alabama · 1856
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3Cited by19 opinions
- State ex rel. Rowe v. District CourtMontana Supreme Court · 1911
- State v. ReedMontana Supreme Court · 1922
- Consolidated Gold & Sapphire Mining Co. v. StruthersMontana Supreme Court · 1910
- King v. Board of Regents of the University of NevadaNevada Supreme Court · 1948
- State v. FowlerMontana Supreme Court · 1921
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