State v. Ah Jim
Montana Supreme Court
Appeal from First Judicial District, Lewis and Clarice County. The defendant was prosecuted by information filed by the county attorney. A motion to quash the information on the ground that the county attorney had no authority to make or file it was sustained by Huet, J. 1. Section 1, page 118 of the Laws of the Sixteenth Session, defines the duties of county attorney, and, among other things, empowers him to prosecute all public prosecutions.
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Appeal from First Judicial District, Lewis and Clarice County. The defendant was prosecuted by information filed by the county attorney. A motion to quash the information on the ground that the county attorney had no authority to make or file it was sustained by Huet, J. 1. Section 1, page 118 of the Laws of the Sixteenth Session, defines the duties of county attorney, and, among other things, empowers him to prosecute all public prosecutions. Section 8, article iii. of the Constitution, provides that all criminal prosecutions shall be prosecuted by information. 2. An information is an…
1Opinion of the CourtBlake, C. J.
This is an appeal from the order of the court below sustaining the motion of the respondent to quash the information which was filed December 3, 1889, by the county attorney of the county of Lewis and Clarke. The respondent is charged with the commission of the offense of murder in the. first degree upon the twenty-fifth day of August, 1889. After the arraignment of the accused a motion was made by his counsel, and- sustained by the court, to quash the information, “ because the county attorney in and for Lewis and Clarke County, Montana, had no authority to make or file the said information…
2Cases cited10 opinions
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- Hopt v. People of Territory of UtahSupreme Court of the United States · 1884
- Kring v. MissouriSupreme Court of the United States · 1883
- Ex Parte WilsonSupreme Court of the United States · 1885
- Rowan v. StateWisconsin Supreme Court · 1872
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3Cited by15 opinions
- In Re McNaughtCourt of Criminal Appeals of Oklahoma · 1909
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- State v. GleimMontana Supreme Court · 1895
- Reed v. StateCourt of Criminal Appeals of Oklahoma · 1909
- State v. VinnMontana Supreme Court · 1914
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