Legal Opinion

State v. Totterdell

Montana Supreme Court

Decided March 19, 1959No. 9973PublishedCited by 20 opinions

1Opinion of the Court

MR JUSTICE CASTLES:

This is an appeal from a judgment of conviction of first degree assault on a verdict of a jury and from an order denying a new trial. .

The charge arose out of a shooting. One Richard Brown was shot in the back in the evening of July 26, 1957, as he ran from ■a house in which the defendant lived. The defendant fired twice from the doorway; the second.shot felling Brown as he reached the street. At the time of the trial Brown was still paralyzed below the thorax and it appears that he may be crippled for life.

The events leading up to the shooting are as follows: The defendant…

2Cases cited5 opinions

  1. State v. RuonaMontana Supreme Court · 1958
  2. State v. ByrdMontana Supreme Court · 1910
  3. State v. HayMontana Supreme Court · 1948
  4. State v. HallMontana Supreme Court · 1918
  5. State v. ProutyMontana Supreme Court · 1921

3Cited by20 opinions

  1. State v. McKenzieMontana Supreme Court · 1980
  2. State v. McKenzieMontana Supreme Court · 1978
  3. State v. BrodniakMontana Supreme Court · 1986
  4. State v. CorMontana Supreme Court · 1964
  5. State v. BrooksMontana Supreme Court · 1967

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