Legal Opinion

State v. Wolf

Montana Supreme Court

Decided November 22, 1919No. 4,392PublishedCited by 6 opinions

Appeal from District Court, Beaverhead County; Jos. C. Smith, Judge. Harry Peter Wole was convicted of tbe crime of sedition' and appeals from tbe judgment.

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Appeal from District Court, Beaverhead County; Jos. C. Smith, Judge. Harry Peter Wole was convicted of tbe crime of sedition' and appeals from tbe judgment. Tbe information does not contain a statement of facts in ordinary and concise language, in such manner as to enable a person of common understanding to know what is intended (Rev. Codes, sec. 9147, subd. 2); nor to apprise tbe defendant of tbe particular circumstances of tbe offense (sec. 9149, subd. 3); nor is tbe offense stated with such degree of certainty as to enable the court to pronounce judgment (sec. 9156, subd. 7). It is…

1Opinion of the CourtJustice Coopee

An information was filed against the defendant below, under Chapter 11 of the Laws of the Fifteenth Extraordinary Session of the Legislative Assembly of 1918. His demurrer to the information was overruled, a trial had, and judgment of .conviction followed. The appeal is from the judgment.

Appellant contends that the overruling of his demurrer, the overruling of his objection to the introduction of any testimony upon the trial, and the denial of his motion in arrest of judgment, were all reversible errors. If the information fails to state a public offense under said Act, the result must be a…

2Cases cited19 opinions

  1. United States v. CruikshankSupreme Court of the United States · 1876
  2. Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
  3. United States v. CarllSupreme Court of the United States · 1882
  4. United States v. HessSupreme Court of the United States · 1888
  5. Cochran & Sayre v. United StatesSupreme Court of the United States · 1895

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3Cited by6 opinions

  1. State v. HaleMontana Supreme Court · 1955
  2. State v. BogueMontana Supreme Court · 1963
  3. State v. FairburnMontana Supreme Court · 1959
  4. State v. HemMontana Supreme Court · 1923
  5. State v. FairburnMontana Supreme Court · 1959

1 more not listed; retrieve them via the Exa API.

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