Legal Opinion

State v. Radmilovich

Montana Supreme Court

Decided December 2, 1909No. 2,754PublishedCited by 3 opinions

Appeal from District Court, Silver Bow County; Michael Donlan, Judge. John Radmilovich, charged with permitting a certain game-of chance to be played upon his premises, was convicted, and appeals.

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Appeal from District Court, Silver Bow County; Michael Donlan, Judge. John Radmilovich, charged with permitting a certain game-of chance to be played upon his premises, was convicted, and appeals. The information having described the game alleged to have-been permitted to be played as draw-poker, the evidence must conform to such allegation, and unless it does- there is a failure of proof, and a conviction cannot be had upon evidence that some other game than that charged in the information was-being conducted. (13 Encyclopedia of Evidence, p. 640; People v. Strassman, 112 Cal. 683, 45 Pac.…

1Opinion of the CourtJustice Smith

delivered the- opinion of the court.

The above-named defendant was prosecuted in the district court of Silver Bow county under an information, the charging portion of which is as follows: “That the said defendant, on or .about the eighteenth day of October, 1908, * * * then and there being the owner and in charge of a certain saloon, beer-hall, or barroom, then and there situate and being in that certain building known as and numbered 110 East Park street, In the city of Butte, # * * unlawfully, etc., did permit, then and there and therein, and in and about said saloon, beer-hall, or barroom,…

2Cases cited4 opinions

  1. McAllister v. Rocky Fork Coal Co.Montana Supreme Court · 1904
  2. State v. AndersonSupreme Court of Arkansas · 1875
  3. State v. RossMontana Supreme Court · 1909
  4. Dudney v. StateSupreme Court of Arkansas · 1860

3Cited by3 opinions

  1. Lynes v. Northern Pacific Railway Co.Montana Supreme Court · 1911
  2. Wallace v. WeaverMontana Supreme Court · 1913
  3. State v. DuncanMontana Supreme Court · 1910

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