State v. Shafer
Montana Supreme Court
Appeal from District Court, Silver Bow County; William Clancy, Judge. Joseph Shaeee was convicted of murder in the first degree, and from the judgment and from an order denying a new trial he appeals. The court instructed the jury, defining murder in the first and second degree, in the language of the statute.
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Appeal from District Court, Silver Bow County; William Clancy, Judge. Joseph Shaeee was convicted of murder in the first degree, and from the judgment and from an order denying a new trial he appeals. The court instructed the jury, defining murder in the first and second degree, in the language of the statute. Is such definition of murder in second degree in language of statute sufficient? Appellant maintains this is insufficient, citing State v. Baker, 13 Mont. 161, and cases cited therein. That it is sufficient, see People v. Chaves, 122 Cal. 141. The Baker Case, supra, rests upon the case…
1Opinion of the Court
MR. CHIEF. JUSTICE BRANTLY
delivered the opinion of the court.
Upon a second trial, granted to the defendant by the district ' court in obedience to the mandate of this court (State v. Shafer, *1522 Mont. 17, 55 Pac. 526), be was again convicted of murder of the first degree and condemned to death. This appeal is from the judgment and an order denying a new trial.
1. The charge against the defendant was by information filed by the county attorney by leave of court upon a motion in writing not verified. The information was verified by the county attorney upon his information and belief. Prior to the…
2Cases cited9 opinions
- State v. GeddesMontana Supreme Court · 1899
- People v. ThomsonCalifornia Supreme Court · 1891
- State v. ClancyMontana Supreme Court · 1898
- State v. McCafferyMontana Supreme Court · 1895
- People v. ColvinCalifornia Supreme Court · 1897
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State v. JonesMontana Supreme Court · 1914
- State v. WilletteMontana Supreme Court · 1912
- State ex rel. Neville v. MullenMontana Supreme Court · 1922
- State v. FelkerMontana Supreme Court · 1903
- State v. KacarMontana Supreme Court · 1925
12 more not listed; retrieve them via the Exa API.