State v. Tully
Montana Supreme Court
Appeal from District Court, Missoula County; F. C. Webster, Judge. ■ John Tully was convicted of murder in the first degree. From the judgment, and from the order overruling his motion for a new trial, he appeals. The court is bound to take judicial notice of the public official records of the executive department of the United States with reference to the establishment and boundaries of the Fort Missoula Military Reservation. (Code of Civil Procedure, Sec. 3150; Sen. Ex.
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Appeal from District Court, Missoula County; F. C. Webster, Judge. ■ John Tully was convicted of murder in the first degree. From the judgment, and from the order overruling his motion for a new trial, he appeals. The court is bound to take judicial notice of the public official records of the executive department of the United States with reference to the establishment and boundaries of the Fort Missoula Military Reservation. (Code of Civil Procedure, Sec. 3150; Sen. Ex. Doc. Yol. VI, 1881-82, Executive Doc. 167; Sen. Ex. Doc. Vol. YI, 1885-86, Executive Doc. 79; Sen. Ex. Doc. Yol. XI,…
1Opinion of the Court
MR. COMMISSIONER POORMAN
prepared the following’ opinion for the court:
Defendant was convicted of murder in the first degree. A motion in arrest of judgment was interposed and overruled. Defendant then moved for a new trial. This motion was also *369overruled. The appeal is from the judgment, and from the order overruling the motion for a new trial.
1. The information states generally that the crime was committed in Missoula county, but contains no other allegations of venue. The defendant contends that inasmuch as the court takes judicial notice of the fact that Fort Missoula military reservation…
2Cases cited29 opinions
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Fort Leavenworth Railroad v. LoweSupreme Court of the United States · 1885
- United States v. McBratneySupreme Court of the United States · 1882
- Draper v. United StatesSupreme Court of the United States · 1896
- Wolsey v. ChapmanSupreme Court of the United States · 1880
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3Cited by25 opinions
- Batchoff v. CraneyMontana Supreme Court · 1946
- State v. Big SheepMontana Supreme Court · 1926
- State v. JohnsonMontana Supreme Court · 1926
- State v. Buckaroo JackNevada Supreme Court · 1908
- State v. VanMontana Supreme Court · 1911
20 more not listed; retrieve them via the Exa API.