State v. Lee
Montana Supreme Court
Appeal from District Court, Silver Bow County; Michael Donlan, Judge. Marion Lee was convicted of robbery. He apppeals from the judgment of conviction. The pronunciation of the words “Rex,” “Rock” and “Roeek” are so similar that they cannot be distinguished except by the most practiced ear. The information complies with all the requirements of section 1834, Penal Code, in that it is direct and certain as to party, offense, circumstances and amount.
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Appeal from District Court, Silver Bow County; Michael Donlan, Judge. Marion Lee was convicted of robbery. He apppeals from the judgment of conviction. The pronunciation of the words “Rex,” “Rock” and “Roeek” are so similar that they cannot be distinguished except by the most practiced ear. The information complies with all the requirements of section 1834, Penal Code, in that it is direct and certain as to party, offense, circumstances and amount. The evidence is to the effect that Rex, Rock and Roeek are the same person. The principal reason for requiring the name of the injured party to be…
1Opinion of the CourtJustice Milburn
This case is before us on appeal from a judgment of conviction for the crime of robbery. The defendant was informed against by the county attorney in and for the county of Silver Bow, being charged with having committed the crime or robbery in that he did willfully, etc., take certain moneys from the possession and person of one Frank Rex, etc. The testimony of the prosecuting witness clearly showed that his name was Frank Rock. There is not one word of testimony showing or tending to show that the injured person was named, or had been known as, Frank Rex. The point was made and preserved…
2Cases cited1 opinion
- State v. SullivanMontana Supreme Court · 1890
3Cited by30 opinions
- In re OxleyNevada Supreme Court · 1915
- Azbill v. StateNevada Supreme Court · 1968
- State v. FuchsNevada Supreme Court · 1962
- Goldsmith v. Sheriff of Lyon CountyNevada Supreme Court · 1969
- Sefton v. StateNevada Supreme Court · 1956
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