State v. O'Brien
Montana Supreme Court
Appeal from, Eighth Judicial District, GascaEe Gounty. CoNVigtioN for manslaughter. The defendant was tried before Benton, J. Statement of the case by the justice delivering the opinion. The defendant was indicted for murder in the first degree, and convicted of manslaughter, in the killing of one Frank Bixby, in Cascade county, on August 18, 1895. He appeals from the final judgment of conviction. The information charges that the killing was done with a rifle.
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Appeal from, Eighth Judicial District, GascaEe Gounty. CoNVigtioN for manslaughter. The defendant was tried before Benton, J. Statement of the case by the justice delivering the opinion. The defendant was indicted for murder in the first degree, and convicted of manslaughter, in the killing of one Frank Bixby, in Cascade county, on August 18, 1895. He appeals from the final judgment of conviction. The information charges that the killing was done with a rifle. I. It was not a proper exercise of judicial authority for the court to demand of tbe defendant in the first instance that he disclose…
1Opinion of the CourtHunt, J.
1. This appeal being from a judgment, and the record containing bills of exception, but no motion for a new trial, it is argued in behalf of the state that this court has no jurisdiction to pass upon the errors alleged in the exclusion and admission of certain testimony during the progress of the trial. But this appeal is taken since the adoption of the Penal Code of 1895. •
Under the former Code (§ 394, page 476, Comp. St., 1887), an appeal to the supreme court could be taken by the defendant as a matter of right from any judgment against him, and upon appeal any decision of the court or…
2Cases cited3 opinions
- People ex rel. Smith v. KeyserCalifornia Supreme Court · 1878
- State v. WhaleyMontana Supreme Court · 1895
- McDonald v. BirdCalifornia Supreme Court · 1861
3Cited by33 opinions
- State v. SmithOregon Supreme Court · 1986
- State v. McClurgIdaho Supreme Court · 1931
- Tuttle v. PeopleSupreme Court of Colorado · 1905
- State v. HatcherOregon Supreme Court · 1896
- State v. RitzMontana Supreme Court · 1922
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