Legal Opinion

State v. Penna

Montana Supreme Court

Decided June 28, 1907No. 2,413PublishedCited by 28 opinions

Appeal from District Court, Silver Bow County; Michael Donlan, Judge. Harry Penna was convicted of murder, and he appeals from the judgment and from an order denying a new trial. “A question as to how a designated person appeared at a certain date with reference to soundness or unsoundness of mind cannot properly be pnt except to a medical expert.”

Read the full summary

Appeal from District Court, Silver Bow County; Michael Donlan, Judge. Harry Penna was convicted of murder, and he appeals from the judgment and from an order denying a new trial. “A question as to how a designated person appeared at a certain date with reference to soundness or unsoundness of mind cannot properly be pnt except to a medical expert.” (Wyman v. Gould, 47 Me. 159; Commonwealth v. Wilson, 1 Gray, 339.) While we do not wish to be understood as contending that a non-expert cannot give his opinion as to the sanity or insanity of a defendant, in view of the decision in State v. Peel,…

1Opinion of the CourtChief Justice Brantly

The defendant was convicted of murder of the first degree and condemned to death. His motion for a new trial having been denied, he appeals to this court from the judgment of conviction and from the order denying him a new trial.

No question is made that the evidence is insufficient to sustain the verdict. The propriety of the judgment is assailed upon the ground of alleged errors in rulings upon the admissibility of evidence during the examination of jurors, and in disallowing challenges, upon the admissibility of evidence during the submission of the ease to the jury, and upon certain…

2Cases cited15 opinions

  1. Carpenter v. BaileyCalifornia Supreme Court · 1892
  2. People v. LaneCalifornia Supreme Court · 1894
  3. People v. PicoCalifornia Supreme Court · 1882
  4. State v. PeelMontana Supreme Court · 1899
  5. People v. McCarthyCalifornia Supreme Court · 1896

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

3Cited by28 opinions

  1. Batchoff v. CraneyMontana Supreme Court · 1946
  2. Schumacher v. Murray HospitalMontana Supreme Court · 1920
  3. State v. BerberickMontana Supreme Court · 1909
  4. State v. DavisMontana Supreme Court · 1921
  5. State v. De LeaMontana Supreme Court · 1908

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API