State v. Davis
Montana Supreme Court
Appeals from District Court, Beaverhead County; Jos. C. Smith, Judge. E. C. Davis was convicted of murder in the first degree, and appeals from the judgment and an order denying him a new trial. The affidavits and testimony offered in support of the motion for change of venue show that the feeling in Beaverhead county was such that defendant could not there obtain an impartial trial. The application was heard immediately before the trial began.
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Appeals from District Court, Beaverhead County; Jos. C. Smith, Judge. E. C. Davis was convicted of murder in the first degree, and appeals from the judgment and an order denying him a new trial. The affidavits and testimony offered in support of the motion for change of venue show that the feeling in Beaverhead county was such that defendant could not there obtain an impartial trial. The application was heard immediately before the trial began. A jury was in attendance, and even some members of the jury were discussing the matter freely, and some of them had announced that defendant should…
1Opinion of the Court
MR. COMMISSIONER JACKSON
prepared the opinion for the court.
The defendant was convicted of murder in the first degree on May 19, 1920, and on May 24 he was sentenced to be hanged. From the judgment of conviction, and from an order denying his motion for a new trial, he appeals.
Before the trial was begun, the defendant applied to the trial court for a change of place of trial. The motion was denied, and defendant predicates error. In support of the petition are the affidavits of W. J. Cushing and C. W. Robison, both counsel for the defendant. Briefly, the affidavits state that the arrest of the…
2Cases cited15 opinions
- State v. Spotted HawkMontana Supreme Court · 1899
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- Jahnke v. StateNebraska Supreme Court · 1903
- People v. ByrneCalifornia Supreme Court · 1911
- State v. WeltyWashington Supreme Court · 1911
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3Cited by29 opinions
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- State v. BoardMontana Supreme Court · 1959
- State v. SearleMontana Supreme Court · 1952
- State v. BretzMontana Supreme Court · 1979
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