State v. Smith
Montana Supreme Court
Appealfrom Ninth Judicial District, Gallatin Cownty. Conviction for assault with intent to commit murder. Defendant was tried before Armstrong, J. I. The court below erred in overruling the motion in arrest of judgment on the first ground stated therein; that is, that this information was not laid in time, that is, within thirty days after the return of the committing magistrate to the District Court of Yellowstone County of the complaint and other papers in his hands…
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Appealfrom Ninth Judicial District, Gallatin Cownty. Conviction for assault with intent to commit murder. Defendant was tried before Armstrong, J. I. The court below erred in overruling the motion in arrest of judgment on the first ground stated therein; that is, that this information was not laid in time, that is, within thirty days after the return of the committing magistrate to the District Court of Yellowstone County of the complaint and other papers in his hands relative to this matter. Section 2 of “ an act relating to information in criminal cases,” found on page 248, Second Session,…
1Opinion of the CourtBlake, C. J.
The defendant was convicted of the crime of assault with the intent to commit murder. A complaint was filed July 27,1891, in the justice’s court of Yellowstone County, and the magistrate, after hearing the evidence, adjudged, August 6,1891, that there was probable cause for believing Smith guilty, and ordered that he be held to answer the charge at the next term of the District Court. The complaint and other papers in the action in the justice’s court were filed August 16, 1891, iu the District Court of Yellowstone County. The county attorney filed, October 15, 1891, an information in the…
2Cases cited16 opinions
- Hamilton v. PeopleMichigan Supreme Court · 1874
- Washburn v. PeopleMichigan Supreme Court · 1862
- Johnson v. PattersonSupreme Court of Connecticut · 1840
- Commonwealth v. DrewMassachusetts Supreme Judicial Court · 1808
- Roberts v. StateSupreme Court of Missouri · 1851
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3Cited by6 opinions
- Dickinson v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Brown Ex Rel. Brown v. MartinezNew Mexico Supreme Court · 1961
- State v. LagoniMontana Supreme Court · 1904
- State v. ChevignyMontana Supreme Court · 1914
- Vaughn v. MeschMontana Supreme Court · 1939
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