State v. Hliboka
Montana Supreme Court
Appeal from District Court, Cascade County; J. B. Leslie, Judge. George Hliboka was convicted of murder in the first degree, and was sentenced to be hanged. Erom the judgment, and from an order denying his motion for a new trial, he appeals. The information is insufficient to sustain a verdict or judgment of murder in the first degree.
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Appeal from District Court, Cascade County; J. B. Leslie, Judge. George Hliboka was convicted of murder in the first degree, and was sentenced to be hanged. Erom the judgment, and from an order denying his motion for a new trial, he appeals. The information is insufficient to sustain a verdict or judgment of murder in the first degree. (Constitution of Montana, Art. Ill, Sec. 16; Cannon v. State, (Ark.) 31 S. W. 150; State v. Brown, 21 Nan. 43; State v. Boyle, 28 Iowa, 522; State v. Knouse, 29 Iowa, 118; State v. McCormick, 27 Iowa, .402; Fouts v. State, 4 Greene, (Iowa) 500; People,y.…
1Opinion of the Court
MB. COMMISSIONEB CALLAWAY
prepared the follow-' ing opinion for the court:
George Hliboka, having been found guilty of the crime of murder in the first degree, was sentenced to be hanged. From this judgment, and from an order denying his motion for a new trial, he has appealed to this court.
The only error which has been argued by his counsel in their brief is that the information under which he was convicted does not charge any greater crime than that of murder in the second degree. The information charges that the defendant did the murder willfully, unlawfully, feloniously, premeditatedly and…
2Cases cited11 opinions
- People v. KingCalifornia Supreme Court · 1865
- Davis v. Utah TerritorySupreme Court of the United States · 1894
- Territory of Montana v. McAndrewsMontana Supreme Court · 1878
- Territory of Montana v. StearsMontana Supreme Court · 1875
- State v. Cole.Supreme Court of North Carolina · 1903
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. CreanMontana Supreme Court · 1911
- State v. GunnMontana Supreme Court · 1931
- State v. NielsonMontana Supreme Court · 1909
- State v. VuckovichMontana Supreme Court · 1921