State v. Gibbs
Montana Supreme Court
Appeal from Eighth Judicial District, Cascade County. Conviction for perjury. The defendant was tried before Benton, J. The affidavit for a continuance cannot be made as strong and beneficial for the defendant as the testimony of the witnesses who are present in court and testifying in the presence and hearing of the jury.
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Appeal from Eighth Judicial District, Cascade County. Conviction for perjury. The defendant was tried before Benton, J. The affidavit for a continuance cannot be made as strong and beneficial for the defendant as the testimony of the witnesses who are present in court and testifying in the presence and hearing of the jury. The view expressed in Territory v. Harding, 6 Mont. 331, 332, violates all the principles of criminal jurisprudence, in presuming, if not absolutely declaring the law to be, that every person under indictment or accused of a crime will perjure himself simply for the purpose…
1Opinion of the CourtBrake, C. J.
The grand jury of Cascade County, in this State, returned, January 24, 1890, an indictment, charging the appellant with the commission of the crime of perjury. At that time he entered a plea of not guilty, and was tried by a jury at the following May term of the District Court. The transcript has not been carefully prepared by the appellant, and we have been compelled to dismiss this appeal and also re-instate the case for hearing. While we cannot notice all the matters which have been urged in the brief of counsel, we will try to review the rulings of the court below which are properly…
2Cases cited19 opinions
- Hopt v. UtahSupreme Court of the United States · 1887
- Commonwealth v. CostleyMassachusetts Supreme Judicial Court · 1875
- United States v. WoodSupreme Court of the United States · 1840
- Wood v. . People of the State of N.Y.New York Court of Appeals · 1874
- Miller v. PeopleIllinois Supreme Court · 1866
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3Cited by14 opinions
- Hammer v. United StatesSupreme Court of the United States · 1926
- Lambert v. StateCourt of Appeals of Maryland · 1949
- State v. JacksonMontana Supreme Court · 1930
- State v. StoreySupreme Court of Minnesota · 1921
- State v. MartinMontana Supreme Court · 1903
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