State v. Barry
Montana Supreme Court
Appeal from District Court, Carbon County; Sydney Fox, Judge. G. W. Barry was charged with assault in the first degree, and, from an order directing a verdict of not guilty, 'the state appeals. Cause submitted on briefs of counsel. The general rule of law always has been that the pointing of a firearm at another constitutes an assault, and that, if the firearm was not loaded, or was harmless as such, it is a matter of defense to be introduced by the defendant.
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Appeal from District Court, Carbon County; Sydney Fox, Judge. G. W. Barry was charged with assault in the first degree, and, from an order directing a verdict of not guilty, 'the state appeals. Cause submitted on briefs of counsel. The general rule of law always has been that the pointing of a firearm at another constitutes an assault, and that, if the firearm was not loaded, or was harmless as such, it is a matter of defense to be introduced by the defendant. (See State v. Her-ron, 12 Mont. 230, 33 Am. St. Rep. 576, 29 Pae. 819.) In 3 Cye. 1055, it is said: “Where the assault is alleged to…
1Opinion of the CourtJustice Holboway
The defendant was charged with committing an assault in the first degree upon one J. Roy Huntington by means of a rifle, described as a deadly weapon. At the close of the case for the prosecution, the trial court directed a verdict of not guilty, and the state has appealed.
The only evidence offered by the state at the trial was furnished by the witness James Wasson, corroborated in part by-Arthur Wasson, and the prosecuting witness, Huntington. James.,Wasson was Tile oltly. witness who assumed to detail all the facts and ciraimstances. H^testified that on July 18, J.911, Arthur Wasm, and…
2Cases cited6 opinions
- People v. LilleyMichigan Supreme Court · 1880
- Commonwealth v. WhiteMassachusetts Supreme Judicial Court · 1872
- Chapman v. StateSupreme Court of Alabama · 1885
- State v. HerronMontana Supreme Court · 1892
- Crow v. StateTexas Supreme Court · 1874
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3Cited by19 opinions
- State v. DesoSupreme Court of Vermont · 1938
- State v. MersealMontana Supreme Court · 1975
- State v. LaMereMontana Supreme Court · 1980
- State v. KuumMontana Supreme Court · 1919
- State v. SandersMontana Supreme Court · 1971
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