State v. Van Laningham
Montana Supreme Court
Appeal from, District Court, Custer ' County; Daniel L. O’Hern, Judge. George Yan Laningham:, alias Jack Logan, was convicted of murder, and from the judgment and an order denying new trial he appeals.
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Appeal from, District Court, Custer ' County; Daniel L. O’Hern, Judge. George Yan Laningham:, alias Jack Logan, was convicted of murder, and from the judgment and an order denying new trial he appeals. In a homicide case where all of the circumstances relied upon to prove guilt are not consistent with each other, with the hypothesis of guilt, and inconsistent with any other rational conclusion; or where under the evidence any one of several others might have committed the crime; or where the testimony on the part of the prosecution is inherently improbable and contradicts prior statements of…
1Opinion of the CourtJustice Sanner
Paul Schultz, a drayman of Miles City, was last seen alive between 8 and 9 o’clock in the evening of November 29, 1916. On the next morning at about 7 o’clock-he was found dead in his barn, the circumstances indicating murder. For this murder one George Van Laningham was apprehended, tried, convicted and sentenced to life imprisonment. From the judgment as well as from an order denying him a new trial he appeals, insisting upon a reversal because the evidence is insufficient and because of newly discovered evidence warranting a retrial of the case.
I. The coitus delicti is conceded, and…
2Cases cited2 opinions
- State v. MatkinsMontana Supreme Court · 1912
- State v. LuceyMontana Supreme Court · 1900
3Cited by10 opinions
- State v. HarkinsMontana Supreme Court · 1929
- State v. GunnMontana Supreme Court · 1931
- State v. FineMontana Supreme Court · 1931
- State v. BroellMontana Supreme Court · 1930
- State v. YegenMontana Supreme Court · 1929
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