State v. Thomas

MB. CHIEF JUSTICE JAMES T. HABBISON

delivered the Opinion of the Court.

This is an appeal by the State of Montana from an order entered in the District Court of Big Horn County granting new and separate trials for both Clara Thomas and Bobert Thomas, husband and wife, who were each convicted of murder in the second degree.

The trial jury, acting under direction of the trial court, acquitted a third defendant, David Thomas, son of Clara and Bobert Thomas, of the crime of homicide.

The State specifies three errors — that the court erred in granting Clara Thomas’s motion for a new trial; Bobert…