State v. Kingsly
Montana Supreme Court
Appeal from Third Judicial District, Deer Lodge County, The defendant was tried before Dukfee, J. “Prosecution by information is in derogation of the common law, and a departure from the general policy of the law, and for that reason statutes providing for it which are in opposition to long settled policy must be strictly construed.” (10 Am. & Eng.
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Appeal from Third Judicial District, Deer Lodge County, The defendant was tried before Dukfee, J. “Prosecution by information is in derogation of the common law, and a departure from the general policy of the law, and for that reason statutes providing for it which are in opposition to long settled policy must be strictly construed.” (10 Am. & Eng. Encycl. of Law, p. 456; State v. Boswell, 104 Ind. 545.) “ The rule for the construction of penal statutes is that they are to reach no further than their words; no person can be made subject to them by implication; and all doubts concerning their…
1Opinion of the CourtBlake, C. J.
The appellant was convicted of the crime of grand larceny in March, 1891, and judgment was entered upon the verdict. The information was filed March 23, 1891, by the county attorney of the county of Deer Lodge, and alleged that the offense was committed September 20,1889. A plea of not guilty was entered, and it is conceded that the ver*542diet was supported by the evidence. The appellant moved to arrest the judgment upon the following grounds: That the county attorney had no authority to file the information; that the court had no jurisdiction to try the alleged offense by information; that…
2Cases cited14 opinions
- Hurtado v. CaliforniaSupreme Court of the United States · 1884
- Hopt v. People of Territory of UtahSupreme Court of the United States · 1884
- Kring v. MissouriSupreme Court of the United States · 1883
- MedleySupreme Court of the United States · 1890
- Holden v. MinnesotaSupreme Court of the United States · 1890
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3Cited by7 opinions
- In Re McNaughtCourt of Criminal Appeals of Oklahoma · 1909
- Reed v. StateCourt of Criminal Appeals of Oklahoma · 1909
- State v. RockUtah Supreme Court · 1899
- Edward D. Putty v. United StatesCourt of Appeals for the Ninth Circuit · 1955
- Edward D. Putty v. United StatesCourt of Appeals for the Ninth Circuit · 1955
2 more not listed; retrieve them via the Exa API.