Territory v. Scott
Montana Supreme Court
Appeal from District Court, Deer Lodge Cownty. The court erred in giving, of its own motion, instruction No. 9, which concludes as follows: “Threats and previous difficulties are evidence tending to prove malice.” The error consists in this, that it was assumed that threats and previous difficulties had been proven.
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Appeal from District Court, Deer Lodge Cownty. The court erred in giving, of its own motion, instruction No. 9, which concludes as follows: “Threats and previous difficulties are evidence tending to prove malice.” The error consists in this, that it was assumed that threats and previous difficulties had been proven. Proffatt on Jury Trial, sec. 326. “ The court should always direct the attention of the jury to a hypothetical state of facts which they may or may not find from the evidence to be true.” Thompson on Charging the Jury, p. 42, sec. 47; 25 Cal. 197; 30 Cal. 540; Anderson v. State, 2…
1Opinion of the CourtMcConnell, C. J.
The defendant has appealed from an order of the district court of Deer Lodge County *409overruling his motion for a new trial, and from the judgment of conviction rendered by said court against him on the thirtieth day of December, 1887. He vms indicted for the murder of his wife, Matilda Scott, on the sixteenth day of November, 1887, in said county, and territory of Montana. He was tried and convicted of murder in the first degree on the twenty-fourth day of the following December. He was, by the court, sentenced to be hanged on the seventeenth day of February next. The transcript does not…
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- Caldwell v. StephensSupreme Court of Missouri · 1874
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3Cited by5 opinions
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- Territory of Montana v. MantonMontana Supreme Court · 1888
- State v. BakerMontana Supreme Court · 1893
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- State v. GreenwellMontana Supreme Court · 1983