Legal Opinion

Territory v. Fox

Montana Supreme Court

Decided January 15, 1880PublishedCited by 3 opinions

Appeal from First District, Ballati/n County. This cause was tried in the court below by Blare, J. • The indictment, in reality, charges but a single crime, and is in accordance with long-established precedent. Com. v. Hope, 22 Pick. 1; Com. v. Tuck, 20 id. 356 ; State v. Braly, 14 Yt. 353; 1 Hale’s P. C. 560; State v. More, 12 N. H. 42; Bishop’s Crim. Law, § 687; Roscoe’s Crim.

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Appeal from First District, Ballati/n County. This cause was tried in the court below by Blare, J. • The indictment, in reality, charges but a single crime, and is in accordance with long-established precedent. Com. v. Hope, 22 Pick. 1; Com. v. Tuck, 20 id. 356 ; State v. Braly, 14 Yt. 353; 1 Hale’s P. C. 560; State v. More, 12 N. H. 42; Bishop’s Crim. Law, § 687; Roscoe’s Crim. Ev. 347-9. If there are two offenses set forth, the greater includes the less, and the defendant might be convicted of either. Breese v. The State, 12 Ohio, 146; State v. Wheeler, 35 Yt. 261. Section 188, page 218, of…

1Opinion of the CourtWake, C. J.

This is an indictment for burglary and larceny. The defendant interposed a demurrer, upon the ground that the indictment charged the commission of more than one offense. The demurrer was sustained, and this action of the court below is assigned as error.

The indictment charges two offenses — that of burglary and that of grand larceny.

Our statute provides (Cod. Sts. 218, § 188): “The indictment shall charge but one offense, but it may set forth such offense in different counts.’5 This statute would seem entirely conclusive of the question presented, unless the indictmept comes within the…

2Cases cited1 opinion

  1. People v. GarnettCalifornia Supreme Court · 1866

3Cited by3 opinions

  1. State v. MarchindoMontana Supreme Court · 1922
  2. Territory of Montana v. WillardMontana Supreme Court · 1889
  3. State v. GreenMontana Supreme Court · 1895

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