Legal Opinion

State v. Nielson

Montana Supreme Court

Decided March 6, 1909No. 2,615PublishedCited by 18 opinions

Appeal from District Court, Silver Bow County; Geo. M. Bourquin, Judge. Soxus Nielson was convicted'of manslaughter, and from the judgment, and an order denying a new trial, he appeals. The information is defective in that it fails to set forth the means whereby the offense was committed. (State v. Keerl, 29 Mont. 510, 101 Am. St. Rep. 579, 75 Pac. 362; State v. Sundheimer, 93 Mo. 311, 6 S. W. 52; Territory v. Poulier, 8 Mont. 147, 19 Pac. 594; 4 Current Law, p.

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Appeal from District Court, Silver Bow County; Geo. M. Bourquin, Judge. Soxus Nielson was convicted'of manslaughter, and from the judgment, and an order denying a new trial, he appeals. The information is defective in that it fails to set forth the means whereby the offense was committed. (State v. Keerl, 29 Mont. 510, 101 Am. St. Rep. 579, 75 Pac. 362; State v. Sundheimer, 93 Mo. 311, 6 S. W. 52; Territory v. Poulier, 8 Mont. 147, 19 Pac. 594; 4 Current Law, p. L.; State v. Fontenot, 112 La. 628, 36 South. 630; Miller v. United States, 133 Fed. 337, 66 C. C. A. 399; United States v. Post,…

1Opinion of the CourtChief Justice Brantly

The information in this case charged the defendant and one William Warneeke with murder. Defendant, having been granted a separate trial, was convicted of manslaughter, and has appealed from the judgment and the order denying him a new trial.

The body of the information is as follows: “William Warneeke and Sofus Nielson are. accused by James E. Murray, the duly elected, qualified and acting county attorney in and for *454the county of Silver Bow, state of Montana, by this information, in the name and on behalf and by authority of the state of Montana, of the crime of murder, committed by them, the…

2Cases cited11 opinions

  1. People v. SuesserCalifornia Supreme Court · 1904
  2. Territory of Montana v. McAndrewsMontana Supreme Court · 1878
  3. Territory of Montana v. StearsMontana Supreme Court · 1875
  4. People v. HyndmanCalifornia Supreme Court · 1893
  5. State v. HayesMontana Supreme Court · 1909

6 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. State v. CreanMontana Supreme Court · 1911
  2. State v. GondeiroMontana Supreme Court · 1928
  3. In Re McGovern's EstateMontana Supreme Court · 1926
  4. State v. HeastonMontana Supreme Court · 1939
  5. State v. DuncanMontana Supreme Court · 1957

13 more not listed; retrieve them via the Exa API.

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